ACTG 1P71 Lecture Notes - Lecture 1: Legal Positivism, Eggshell Skull, Punitive Damages
15 Apr 2018
School
Department
Course
Professor
Document Summary
X liability :one person is responsible for the misconduct of others. 1. special damages: easy to quantify, (damage the car ,the fee to repair is easy to quantify. 6 things we need to consider, plaintiff not necessary to prove. A: duty of care: reasonable foreseeable (cid:256) palsgrof case(cid:257) ---not reasonably foreseeable, so duty of care not owed, if owed not necessary mean is negligence (cid:256)donoghue stevenson(cid:257) case ( uk ) B: standard of care: has expertise (doctor, lawyer, accountant), standard change, standard higher test: put another expert to say its normal or not misfeasance vs non-feasance. E:damages: essential part for the legal wrong to prove negligence. (ex: fall off and hurt b/c banana peel in hall way) Contributory negligence--- if plaintiff be proved not take care themselves properly or also suffer negligence----use as defence---there would be portion (%) responsibility, both party responsible not a complete defense, a partial defense.
