Business Law Chapter Notes 10/20/2013 9:52:00 AM
- Law of Negligence
Reasonable Care: The care a reasonable person would exhibit in a
Negligent act can be brought by someone
o Who has been affected negitively
Who has been injured by dangerous driving
Who has a loss based on poor advice from a
Plaintiff needs to show that the defendant intended to cause the
Steps to a Negligence Action
o Does the defendant owe the plaintiff a duty of care?
Duty of Care: Responsibility owed to avoid
carelessness that causes harm to others
Neighbour: Anyone who might reasonably affect the
o Did the defendant breach the standard of care?
Reasonable Person: The standard used to judge
whether a person’s conduct in a particular situation is
Would a reasonable person do the same thing
o Did the defendant’s careless act cause the actual injury?
Causation: Relationship that exists between the
defendant’s conduct and the plaintiff’s loss or injury
o Was the injury suffered by the plaintiff too remote?
Must be a limit on the defendant’s responsibility for the
consequences of his negligence
Remoteness of Damage: The absence of sufficiently
close relationship between the defendant’s action a