Asked by Inusah Seidu on Jul 09, 2024
Verified
Explain how the courts determine whether a duty of care exists in a negligence action.
Duty of Care
Duty of care is a legal obligation imposed on individuals to exercise a reasonable standard of care while performing any acts that could foreseeably harm others.
Negligence Action
A legal suit filed by an individual claiming harm due to another party's failure to exercise an appropriate level of care.
- Understand the principle and application of duty of care in negligence.
- Determine the benchmarks and influences that lead to successful negligence lawsuits.
Verified Answer
EB
Eduardo BelloJul 09, 2024
Final Answer :
The test of reasonable foreseeability applies. That is, could a reasonable person have anticipated that his conduct could cause harm to another? If the answer is yes, the duty exists. However, note that the Anns case may permit a court to not enforce the duty for public policy reasons.
Learning Objectives
- Understand the principle and application of duty of care in negligence.
- Determine the benchmarks and influences that lead to successful negligence lawsuits.