LAW 122 Study Guide - Final Guide: Contributory Negligence, Limited Liability Partnership, Sole Proprietorship

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Definition: occurs when plaintiff partially responsible for injury that defendant tortiously caused: the plaintiff "s own careless was a cause or added to the injury he or she suffered. Damages reduced to reflect plaintiff"s contribution to harm (not a full defence, therefore still have to pay some damages) Test: apply the same tort analysis, focusing on the plaintiff"s actions: The plaintiff will get 55% of the m. The plaintiff must clearly accept the physical risk ( ) and the legal risk (slide 46) Types of business organizations: sole proprietorships, general partnerships, limited partnerships (limited liability partnership, corporations. Liability and benefits of entrepreneurs and other stakeholders differ depending on type used. An individual carries on business without adopting any other form of business organization. Arises once person begins to conduct business. E. g. start cutting someone"s lawn for money. No separation between business and proprietor (owner): (the owner is the business)