COMM 393 Lecture Notes - Lecture 9: O. J. Simpson, Contributory Negligence, Vicarious Liability
Document Summary
Any act interferes with another person"s property, reputation. In order to blame to be shifted, approval loss must be there. Don"t have to be in a contractual relationship. Able to sue manufacturer directly by tort law even though you have no contract with them. Contributory negligence- allowed in tort but not in contract. In canada three ways to be held liable: Strict liability- because you own or operate the product. Fault- intentionally or carelessly cause unjustifiable harm to person, property or reputation. Vicarious liability- three categories of employment (employer, principal agent, independent. Means that the employer is liable for acts for employee during scope of employment regardless of whether you told them not to do what they are doing or have disciplined them. As long as they are employed under you. Have to act within scope of the employment. Key: scope of employment when doing the act. Battery is the physical contact and assault is the fear.
