Latimer v. AEC Ltd.

Anglo-American Contract and Torts Prof. Mark P. Gergen Class Five

Breach and negligence per se

1)

Duty/Injury

2) Breach 3) 4)

Factual cause Legal cause/scope of liability 5) Damages Standard of reasonable care.

Latimer v. AEC Ltd. (p. 47)—”reasonably prudent employer” Under US law this issue is decided by the jury if reasonable people could disagree about the answer under the relevant rule or standard.

Recall the “Hand formula” in U.S. v. Carroll Towing Co., Inc. (1947), p. 17. “if the probability be called P; the injury, L; and the burden, B; liability depends upon whether P is less than L multiplied by P: i.e., whether B is less than PL.”

B