LW 221 Lecture Notes - Lecture 3: Vicarious Liability, Comparative Negligence, Contributory Negligence
Document Summary
Tort law: compensates individuals injured by the wrongful conduct of another. 3 types of torts: intentional torts: defendant acts with the intention of engaging in a specific action that results in injury. Commercial exploitation: unintentional torts (negligence): defendant is liable for engaging in behavior that creates an unreasonable risk of harm to others. Negligence per se- if the defendant has violated a statite which sets a minimum standard of care and his actions results in injury to the plaintiff, then the defendant will be deemed to have breached the duty of care. Damages- a successful plaintiff can recover compensatory damages, intended to the plaintiff in a position as clos as possible to his position pior to the tort. Defenses- if the defendant establishes the following defenses, his liability can be reduced or avoided: Assumption of risk: strict liability for an ultra-hazardous activity: imposes strict liability on a defendant who engages in an ultra hazardous activity.
