Bài giảng Business Law (13th edition) - Chapter 7: Negligence & Strict Liability

Crimes & TortsCrimesIntentional TortsNegligence & Strict LiabilityIntellectual Property & Unfair Competition2McGraw-Hill/Irwin Business Law, 13/e© 2007 The McGraw-Hill Companies, Inc. All rights reserved.Negligence & Strict LiabilityPAETRHC7“Mistakes are a fact of life. It is the response to error that counts.” Nikki GiovanniLearning ObjectivesThe Elements of NegligenceDefenses to NegligenceSpecial Doctrines Related to Negligence7 - *The 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 ofInjury experienced by the plaintiffNegligence 7 - *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 conductIf a duty existed, then the question is whether the defendant acted as a reasonable person of ordinary prudence would have acted under the same or similar circumstancesReasonable person standardDuty of Due Care7 - *Injuries may include bodily or emotional injury, and property or economic damageCausal link requires:Actual cause: plaintiff would not have been hurt “but for” defendant’s breach of duty (act or omission)Proximate cause: plaintiff’s injury was foreseeable consequence of defendant’s act or omissionCausation and Injury7 - *An important doctrine concerning causation is res ipsa loquitur (the thing speaks for itself)Causation and Injury7 - *Applies when: (1) defendant has total control of the instrument of harm, (2) harm would not occur in the absence of negligence, and (3) plaintiff not responsible for his own injuryContributory negligence is the plaintiff ’s failure to exercise reasonable care for his/her own safetyAssumption of risk is the plaintiff’s voluntary consent to known dangerDefenses to Negligence Claim7 - *Premises liability cases are based on the duty a property owner or tenant has to those on property and vary with type of person:Invitee, licensee, or trespasserNegligence per se applies when defendant’s violation of law creates a breach of duty and may allow the plaintiff to win by suffering harm the law was enacted to preventSpecial Doctrines7 - *Strict liability is liability imposed upon a defendant regardless of defendant’s faultA social policy decision that risk associated with an activity, especially an abnormally dangerous activity (including manufacturing), should be borne by those who pursue it rather than by innocent persons exposed to that riskBasis for product liability casesSpecial Doctrines7 - *Test Your KnowledgeTrue=A, False = BA duty of due care may arise only if a contract or statute creates such a duty Without a duty, there can be no breachRes ipsa loquitur means the thing speaks for itself and is related to causationNegligence per se occurs when a plaintiff contributed to his or her own injury7 - *Test Your KnowledgeTrue=A, False = BContributory negligence and comparative negligence mean the same thingAssumption of risk is the plaintiff’s voluntary consent to a known danger Imposing strict liability is a social policy decision7 - *Test Your KnowledgeMultiple ChoiceElements of a negligence claim include:(a) duty of due care(b) breach of the duty of due care(c) causation (actual and proximate)(d) injury to plaintiff(e) all of the aboveThe reasonable person test focuses on: (a) Defendant’s behavior(b) Defendant’s intent7 - *Test Your KnowledgeMultiple ChoiceThe causation element requires proof of:(a) actual cause (the “but for” test)(b) proximate cause (c) sufficient cause(d) both (a) and (b), but not (c)A property owner or tenant must exercise reasonable care for the safety of his/her:(a) Invitees(b) Licensees(c) Trespassers7 - *Thought QuestionDo you think tort reform is necessary? 7 - *