Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Prima Facie, Reasonable Person, The Injury
Document Summary
Tort of negligence is a careless act that causes harm to another. The law understands carelessness as a failure to show reasonable care. Reasonable care: the care that a reasonable person would have shown in a similar situation. Negligence is a very common tort action in the commercial world because it covers a broad range of harmful conduct. The plaintiff need not show that the defendant intended to cause the damage or that there were deliberate acts that gave rise to the damage. Instead, the tort of negligence makes the defendant liable for failing to act reasonably for driving too fast, for giving unprofessional advice, or for not taking proper care of furniture entrusted to it. Law seeks to compensate victims for loss or injury. The elements in a tort action, by design, lack a certain specificity. Duty of care is the responsibility owed to avoid carelessness that causes harm to others.