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Chapter 7 - Negligence and strict liability. When you finish this chapter, you should: Identify the elements of negligence, define the reasonable care standard and the role of for eseeability, explain whether a defendant has breached a duty of reasonable care and applicable defenses, understand special doctrines and injuries in the law of negligence. | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 2 Crimes Intentional Torts Negligence and Strict Liability Intellectual Property and Unfair Competition Crimes and Torts P A R T Negligence and Strict Liability P A E T R H C 7 Mistakes are a fact of life. It is the response to error that counts. Nikki Giovanni Learning Objectives Identify the elements of negligence Define the reasonable care standard and the role of for eseeability Explain whether a defendant has breached a duty of reasonable care and applicable defenses Understand special doctrines and injuries in the law of negligence Elements of a negligence claim are: Defendant owed a duty of care to plaintiff, Defendant committed a breach of duty, Breach was actual and proximate cause of the injury experienced by plaintiff Negligence In general, a defendant owed the plaintiff a duty of reasonable care if the plaintiff would foreseeably be at risk of harm from the defendant’s conduct A | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 2 Crimes Intentional Torts Negligence and Strict Liability Intellectual Property and Unfair Competition Crimes and Torts P A R T Negligence and Strict Liability P A E T R H C 7 Mistakes are a fact of life. It is the response to error that counts. Nikki Giovanni Learning Objectives Identify the elements of negligence Define the reasonable care standard and the role of for eseeability Explain whether a defendant has breached a duty of reasonable care and applicable defenses Understand special doctrines and injuries in the law of negligence Elements of a negligence claim are: Defendant owed a duty of care to plaintiff, Defendant committed a breach of duty, Breach was actual and proximate cause of the injury experienced by plaintiff Negligence In general, a defendant owed the plaintiff a duty of reasonable care if the plaintiff would foreseeably be at risk of harm from the defendant’s conduct A duty may arise if a special relationship existed between the parties Examples of a special relationship: doctor-patient, lawyer-client, accountant-client Duty of Due Care If a duty exists, then the question is whether the defendant acted as a reasonable person of ordinary prudence would have acted under the same or similar circumstances Reasonable person standard The test focuses on defendant’s behavior, not defendant’s intent Reckless behavior may be unreasonable Breach of Duty of Due Care An example of reckless behavior that may harm another is an intoxicated driver in a vehicle who injures another person. The driver intentionally drove in an intoxicated condition, but intended no harm to result. However, the driver’s intent is irrelevant – only the behavior of driving drunk and the end result is relevant to the determination of negligence. Based on the duty a property owner or tenant has to those on the property Duty varies with type of person on property Invitee (business
