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Another special topic we'll tackle relates to warnings. The reason we're giving this issue special treatment is because it also implicates aspects of several other elements of a negligence action, such as duty of care, standard of care, remoteness and cause-in-fact. The major cases we'll cover include Reibl v. Hughes (pages 222-37 of LKF) and Hollis v. Dow Corning (pages 404-08). You'll also recall that Jane Doe's case is most famously known for establishing the police's duty to warn people who they know could (will?) be victims of a crime. (You'll also recall her wishing people would take more notice of another aspect of her litigation: the acceptance of legal pleadings in plain language based on feminist perspectives and literature about the social realities of rape.) I'd encourage you to read the whole case, but at least look at pages 55-61, which deal with the duty to warn.
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Last Updated on Friday, 02 November 2007 |