BU353 Lecture Notes - Lecture 10: Res Ipsa Loquitur, Contributory Negligence, Ex-Ante
Document Summary
Legal liability for injuries: 2 main types of law, common law, statutory law, branches of law, criminal, civil: contract and tort. The difference between the two is that strict liability allows for a mistake of fact to be used as a defense. Intentional torts: above apply to unintended actions, unlike intentional torts where the actions of the defendant are intentional slander, invasion of privacy, harassment. Damages: 2 broad types of damages, compensatory. Dynamite explosions: special damages: for monetary losses, general damages: non-monetary losses, punitive, meant to punish and deter, not covered by liability insurance. Elements of negligence: 4 conditions must be satisfied to prove negligence, legal duty, breach of duty, what a reasonably prudent or a reasonably trained person would have done, cost justified precautions, proximate cause. If the injury wouldn"t have occurred but for the defendant"s action : foreseeability test.
