Chapter 11
11.1-11.2
1. Â Â Â Â Â Â Â Â 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. Â Â Â Â Â Â Â Â 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. Â Â Â Â Â Â Â Â 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. Â Â Â Â Â Â Â Â 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.
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. Â Â Â Â Â Â Â Â 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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