ADMS 2610 Chapter Notes - Chapter 5: Res Ipsa Loquitur, Contributory Negligence, Equitable Remedy
Document Summary
These cases have something in common: someone owes a duty not to injure, there is an act or omission in breach of that duty, and, an injury is sufered as a direct result of that breach. Duty of care: the duty not to injure another person. Duty of care exists where a legal right exists. Reasonable person: a standard of care used to measure acts of negligence. The expected standard of care may be increased when persons owing the duty hold themselves out to have special or professional skill. Breach of the standard of care occurs when the performance rendered falls below that which the injured party has a right to expect. It is axiomaic that if there is not damage, there can be no liability. However, there can be damage for which there is liability when that damage was not reasonably capable of being foreseen by our reasonable person.