tailieunhanh - Lecture Dynamic business law (3/e) - Chapter 9: Negligence and strict liability

In this chapter, students will be able to understand: What are the elements of negligence? What are the doctrines that help a plaintiff establish a case of negligence? What are the defenses to a claim of negligence? What are the elements of strict liability? | Chapter 9 Negligence and Strict Liability Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 9: Negligence and Strict Liability Negligence (Definition): The failure to do what a reasonable person would do under the same or similar circumstances; the failure to satisfy a “reasonable person” standard of care 9- “Negligence” is defined as the failure to do what a reasonable person would do under the same or similar circumstances, or the failure to satisfy a “reasonable person” standard of care. 9- Elements of Negligence Duty: The standard of care (consistent with the actions of a “reasonable person”) that defendant owes plaintiff Breach of Duty: Defendant fails to satisfy the “reasonable person” standard of care Causation: Defendant’s conduct (amounting to a breach of duty) causes plaintiff’s harm Damages: Plaintiff suffers compensable injuries In order to win a negligence case, the plaintiff must establish the following four elements of negligence: First, the defendant owed a duty or standard of care to the plaintiff, consistent with the actions of a “reasonable person” in the same or a similar situation; second, the defendant breached the duty or standard of care owed to the plaintiff, in the sense that the defendant failed to act like a “reasonable person;” third, the defendant’s conduct caused plaintiff harm; and fourth, the plaintiff suffered compensable damages as a result of the defendant’s conduct. 9- Elements of Causation Actual Cause (or “cause in fact”): Defendant’s breach of duty resulted directly in plaintiff’s injury; “but for” defendant’s breach of duty, plaintiff would not have been injured Proximate Cause (or “legal cause”): Plaintiff and plaintiff’s damages were “reasonably foreseeable” when defendant breached his duty to plaintiff “Causation” can be described in terms of “actual” cause, or “proximate” cause. . | Chapter 9 Negligence and Strict Liability Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 9: Negligence and Strict Liability Negligence (Definition): The failure to do what a reasonable person would do under the same or similar circumstances; the failure to satisfy a “reasonable person” standard of care 9- “Negligence” is defined as the failure to do what a reasonable person would do under the same or similar circumstances, or the failure to satisfy a “reasonable person” standard of care. 9- Elements of Negligence Duty: The standard of care (consistent with the actions of a “reasonable person”) that defendant owes plaintiff Breach of Duty: Defendant fails to satisfy the “reasonable person” standard of care Causation: Defendant’s conduct (amounting to a breach of duty) causes plaintiff’s harm Damages: Plaintiff suffers compensable injuries In order to win