Fall Semester 2008
Duty, Breach, Causation and Damages
a. The Reasonable Person Standard
i. The reasonable person is a fictitious person, who is never negligent, and whose conduct is always up to standard; he is not to be identified with the members of the jury, individually or collectively.
ii. To determine if a duty is owed consider:
1. The relationship between the parties
2. The reasonable foreseeability of harm to the person injured
iv. The prudence and care expected should be the kind that one would use if one’s own interests were to be affected and the risk was entirely one’s own.
v. The Learned Hand—economic analysis, not law, but useful tool; whether the burden of precaution is less than the magnitude of the accident, if it occurs, multiplied by the probability of occurrence. B