Tuesday, September 25, 2012

ʃ 298. Necessity that the actor employ competence available


a.       If someone has a special ability that may prevent harm, it would be negligent NOT to use that special ability
                                                              i.      Ex. A is driving horses. The horses break free and run away. A is very strong and has the strength needed to secure the horses. If the horses run somebody over, he would be negligent in NOT stopping the horses, even though the average man would not have A’s strength
b.      Econ POLICY: This encourages people to live up to their fullest and minimize the aggregate damage to society

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