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Friday, April 12, 2013

Chapter 11 in Law 12 textbook

Chapter 11

11.1-11.2

1.         What is oversight, and why is it the closely common form of tort faithfulness?

Negligence is a someones failure to exercise middling c ar, which gives in brand to another.

It is the most common form of tort law because they are unintentional or unplanned incidents that cause injury. Examples: automobile accidents, medical malpractices

2.         List the key elements that a plaintiff must elicit to succeed in a negligence action.

The key elements that must be proven are duty of veneration, standard of care, forseeability, bonny person, causation, actual loss and burden of induction.

3.         Why was the Donoghue v. Stevenson case sentiment so important for todays consumers?

It was established that a manufacturer owes a duty of care to the buyer of a product and to most other persons who mightiness be harmed as a result of that manufacturers negligence. It gave rise to manufacturers liability and marked the beginning of negligence law.

4.          pardon the difference betwixt a duty of care and a standard of care in a negligence action.

Duty of care: the obligation that is required to ensure that others are not harmed by ones actions

Standard of care: the degree of caution expected of a reasonable person when carrying out an action that involves risk of harm to others

5.

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What is the connection between forseeability and a reasonable person?

Forseeability: the ability of a reasonable person to anticipate or expect what might occur as a result of his or her actions

Reasonable person: the standard used in determining whether a persons hire in a particular situation is negligent

6.         Why is proof of causation so important in a negligence action?

There must be a connection between the defendants negligent act and the plaintiffs cause of action. Without it, no liability for negligence...

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