BUSA 364 Lecture 7: civil liability
3 Apr 2016
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If a contracting party fails to fulfill his or her contractual obligations, the other contracting party can make a claim. Absent a contract, a party suffering damages would have a claim against the party at fault. To hold someone legally liable, that person must be able to know right from wrong. This could exclude mentally ill or children under 7, as their actions are considered to be a superior force (force majeure) Those with faculties compromised by drugs or alcohol can still be held liable. Parents or other party responsible for those not endowed with reason may be sued instead. Fault is determined relative to the standard of a reasonably prudent and diligent person. Fault can be deliberate and as a result of a positive action. Or it can be as a result of a party"s negligent omission. Damages can be any of the above or in combination and can be claimed by those who suffered indirectly.
