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Negligence and Unintentional Torts, Stage 2, Unintentionally causing…

- - - - Consumers may sue manufactors who do not meet their standards
- - - - People with specialized skills have a higher standard of care and responsability than others.
    - - The consent which is given to a medical professional from the patient is essential. There are some specialized cases where consent is not able to be given, when someone is unconcious and it is an emergency or someone unfit to make medical decisions. Risks and medical side effects must also be disclosed to patients.
  - - - Liability Insurance
        
        Insurance which covers most or the majority of money charged in a case
    - - Principal which protects someone who helped someone in distress from being sued
- - - - Duty of care is ones obligation to foresee careless actions in order to avoid causing harm
    - - In the case it must be proved that the defendant owed the plantiff 'duty of care' which is essentially their obligaton to avoid careless actions which could result in injury
      - Neighbour Principle
        
        The duty to not harm a neighbour through form of negligence
      - Foreseeability
        
        The ability to anticipate the concequences of an action
  - - - Must prove the defendands actions actually caused the plaintiffs injuries
        
        Cause-in-fact is determines by a test called the 'but for' test, which measures the likelyhood of whether the injury would have happened without the defendants actions
      - Cause-in-fact
        
        The connection between ones actions and anothers injuries
      - Remoteness of Damage
        
        The direct connection between the incident and injury must be presented, often a court may decide the defendants actions were not the direct cause of the inury
        
        Interventing act
        
        Act which interupts the chain of evidence because of an unforseen act