for an injury occasioned to another by his or her want of ordinary care
or skill in the management of his or her property or person...." (33) In other words, "each person has a duty to use ordinary care
and is liable for injuries caused by his failure to exercise reasonable care in the circumstances...." (34) However, in 1968, the California Supreme Court decided Rowland v.
(50) She insisted jurors were more equipped to determine what duty of ordinary care
The Uniform Commercial Code ("UCC"), as adopted in Florida, expressly permits the parties to agree to vary the provisions of the UCC, so long as the variations do not disclaim a bank's responsibility for failure to exercise good faith and ordinary care
, and are not manifestly unreasonable; and this includes the shortening of notification periods otherwise set out in the UCC.
(34) Specifically, the defendant challenged the plaintiffs petition for not alleging sufficient facts to show that the defendant had failed to exercise ordinary care
They alleged that Lessaris breached his duty to exercise ordinary care
and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by the code.
jury instructions; they use the concept of "ordinary care
This general impression test must be applied from the perspective of an average customer, who is trusting and inexperienced, and includes viewing the advertisement with nothing more than ordinary care
to what is written on the actual document.
One important factor in recognizing the $2.7 trillion annual cost of health care in the United States is the extraordinary price for ordinary care
. For example, a colonoscopy is the most expensive routine screening test.
Five of those claims alleged either federal civil rights violations and/or common law breaches of duty of ordinary care
. The sixth cause of action alleged: that the defendants jointly and/or severally, negligently departed from accepted standards of medical care and treatment rendered to him.
The private sector was left to cater for older people requiring ordinary care
and its bank failed to exercise ordinary care
, the loss can be allocated based on the extent to which each party's failure contributed to the loss.
Manslaughter charges were also out of the question, Plattner said, since prosecutors would have to prove "that someone acted more than merely negligently or by failure to use ordinary care
," that Christie's mistreatment was "gross and flagrant" and revealed "reckless disregard for human life"; or that his jailers "must have known, or reasonably should have known" that their actions were "likely to cause death or great bodily injury."