BU231 Lecture Notes - Lecture 5: Res Ipsa Loquitur, Contributory Negligence
Document Summary
Burden of proof: burden is on plaintiff must prove his/her case by the balance of probabilities. Unless defendant can prove otherwise, the most likely cause was the negligent conduct of the defendant. The plaintiff"s own conduct: contributory negligence involves negligent actions of an injured party (plaintiff) that contributes to her own loss or injury, the difficulties that this presents brought about the idea of apportionment of loss legislation. Require courts to apportion damages according to the respective degree of responsibility of the parties: this two concepts allow courts to apply an appropriate standard of care to both plaintiff and defendant. Car accident where an injured person has contributed to their own injuries by failure to wear a seatbelt: mitigation. It is important to note that a plaintiff is expected to act reasonably to minimize or mitigate any damage suffered. Involves subsequent actions by the victim which contribute to the extent of the original injuries eg. refusing simple corrective surgery.
