COMMERCE 4SD3 Study Guide - Midterm Guide: Contributory Negligence, Vicarious Liability, Subrogation

• School: McMaster University
• Department: Commerce
• Course: COMMERCE 4SD3
• Professor: Paul Stillman

Document Summary

Damages: pain and suffering, expenses, lost compensation. Chain of causation causes you to look at: time, distance. Occurs when an employer is liable for the actions of an employee. Something out of your control ends your performance in a contract. If you can"t perform (become frustrated) you receive a benefit equal to the benefit that you have already provided. Contracts get wiped out, debtor no longer has to pay creditor. Time limit in which you can sue people from the date of breach (usually two years, but varies) Assault (verbal) battery (physical)= purposeful cause of harm. Set out to put the other party through the legal system, even though you have no honest belief of their being guilty. Quantum meriut- pay for what it merits; pay reasonable price. The manufacturer has a duty of care to the customer. He accepted payment in part, therefore he is ineligible to recover remainder of payment.