Duty of Care: Foreseeability
The consequences
of an act are legally foreseeable if they are consequences that typically occur
in the course of event.
Whether an act
is foreseeable is generally considered a matter of fact determined by the
reasonable person standard (jury).
Duty of care varies, based on the
Defendant’s occupation, relationship to Plaintiff.
Professionals may owe higher duty
of care based on special education, skill or intelligence. Breach of duty is
called professional malpractice.
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