COMM231 Chapter Notes - Chapter 11: Strict Liability, Sony, No Liability
13 Apr 2016
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Examples of negligence lawsuits: for example, a negligence acion can be brought by someone. Who has been injured by the dangerous driving of a delivery truck driver. Who has sufered loss by relying on poor advice provided by an accountant, lawyer, architect, or engineer. Whose furniture has been damaged in transit by a moving company. Step 1: proving duty of care: 1. Example: if the defendant is driving too fast, it is foreseeable that other drivers and pedestrians could be harmed therefore, a duty of care exists. Whether the speciic circumstances of the paries relaionship are such that the defendant is under an obligaion to be mindful of the plainifs. Legiimate interest in conducing his or her afairs: in many cases the courts have established by precedent that a duty of care exists in certain situaions, examples: Businesses in commercial relaionships have been held to owe a duty of care to their customers.
