GNG 4170 Lecture Notes - Lecture 3: Contributory Negligence, Equitable Remedy, Intentional Tort

• School: University of Ottawa
• Department: General Engineering
• Course: GNG 4170
• Professor: Cameron Tiesma

Document Summary

First issue falls under unintentional torts (negligence) contributory negligence. Contributory negligence is when the plaintiff is found liable to some extent for its own injuries. Plaintiff seen as trying to take reasonable steps to care for oneself. As part of this, we have the causation issue. Relative degrees of fault sneakers causing someone to slip on ice, court tries to determine if contributory reliance applies. If court says we find the defendant liable and plaintiff 10% contributory negligent, if judgment if for m, you must absorb 10% yourself. Person biking and hits a pedestrian who breaks some bones. If pedestrian was a young and healthy person, they would need to wear a cast but will heal eventually. If pedestrian was a senior citizen with osteoporosis, thus body never fully heals. If pedestrian was a professional painter who can no longer paint for significant amount of time, cannot do their profession. It was reasonably foreseeable to hit a youth/adult/senior citizen.