Torts 2010

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4 Elements of Negligence

Do Boys Carry Diseases?
- Duty
- Breach
- Causation
- Damages
How do the courts establish a standard of care?

The Reasonable Prudent Person
Is a defendant liable for damages when the act that caused the injury did not create a reasonable apprehension that any injury could occur as a result of the act?

No. Palsgraf.
Buzz words for the majority decision, the Cordoza opinion, the test for if a duty is owed?

"radius of danger"
Is the determination of negligence made with reference to the defendant’s actual knowledge?

No!

So if the court doesn't care about what the defendant actually knew or thought, what do they use to establish negligence?
Was the defendant negligent for driving on defective tires when he didn’t know of their condition?

Yes. Court stated that a driver ‘must know’ because the law requires drivers and owners of motor vehicles to know about potentially dangerous flaws that are easily noticed by inspection.
Is custom conclusive evidence of a breach of duty?

No. When proof of a customary practice is accompanied with a showing that it was ignored and that this departure was a proximate cause of the accident, it may serve to establish liability. Custom of using shatterproof glass in tubs by other landlords evidence that defendant breached his duty of care to tenant? For jury to decide.