COMM 315 Study Guide - Final Guide: Contributory Negligence, Subrogation, Whistleblower
15 Aug 2016
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Civil liability all about compensation; has 2 regimes: contractual : when contractual obligation is not respected, civil liability if involves: Fault from the breach, no need to show that action is a fault. Damage suffered from the breach of contract. Causal link more evident: extra contractual: there is no contract between people, to have civil liability need: Fault (ex: bump into you carelessly): level of fault doesn"t matter, as long as there is fault, you need to compensate for damage. Damage (ex: fell down the stairs & hurt ankle): rule is to compensate. If not hurt = no damage suffered = no civil liability involved. If broken risk + miss work because of it = person at fault is liable. *to be held responsible, the person at fault must be endowed with reason: at age to distinguish right from wrong (7 years old) otherwise called superior force (suing the person in charge)
