What is the test for a cause of action for negligence?
California, United States of America
The following excerpt is from Bily v. Arthur Young & Co., 11 Cal.Rptr.2d 51, 3 Cal.4th 370 (Cal. 1992):
[834 P.2d 775] The majority concludes that defendant owed plaintiffs no duty. Rummaging in the archives of legal history, amidst the debris of discarded dogmas, the majority retrieves and revives, as an element of a cause of action for negligence, the requirement of privity, which this court had described more than 20 years ago as "virtually abandoned in California." (Heyer v. Flaig (1969) 70 Cal.2d 223, 227, 74 Cal.Rptr.
Page 81
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Does the negligence per se doctrine apply where there is no cause of action for negligence? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Is negligent infliction of emotional distress an ordinary cause of action for negligence? (California, United States of America)
Can a patient of a medical caregiver maintain a cause of action for negligent infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for negligence? (California, United States of America)
Is there a cause of action against a manufacturer for negligent design of a product? (California, United States of America)
What is the limitation period for a cause of action for wrongful death against a health care provider based upon professional negligence? (California, United States of America)
