COMM231 Study Guide - Final Guide: Contributory Negligence, False Imprisonment, Ginger Beer
26 Mar 2015
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Committing a wrong either intentional or unintentional. Plaintiff has the burden of proof on a balance of probabilities to prove that the defendant is at fault. Most tort law follows a fault-based approach. No fault approach: no fault system doesn"t care who"s at fault, they only care about damage and compensation, government passing laws that change the common law and impose a completely different system, worker"s compensation. Government and employer pays for part of it. Employees cannot sue their employer: auto insurance. Both no fault approach and fault based approach. Insurance policies operate on a no-fault approach: even the person who caused it is allowed to get compensation. Parents are vicariously liable for their actions of their child: rylands v. fletcher. Large reservoirs of water that he was holding on his property. They burst and flooded property (mine) next door.
