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Chapter 8: Negligence, Strict Liability, and Product Liability (Negligence…
Chapter 8: Negligence, Strict Liability, and Product Liability
Negligence
Duty of due care
id a defendant could have foreseen injury to a particular person, she has a duty to him
Breach
A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
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Causation
Factual cause: if the defendant's breach ultimately led to the injury, he is liable
Proximate Cause: to be liable, this type of harm must have been foreseen
Res Ipsa Loquitur: the defendant must prove he was not negligent or the facts imply that his negligence caused the injury
Damages
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Damages: are usually compensatory, designed to restore what was lost. In unusual cases, they may be punitive
Assumption of the Risk
Person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured
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Product liability
When good cause injury, there is a question of product liability
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