COMM 304 Lecture Notes - Lecture 7: Bungee Jumping, Partial Defence, Contributory Negligence
Document Summary
Botfor test, does not tell you who is liable, but tells you who. If you have 5 people who might be defendants, if you apply the butfor test, and it says but for this person, this will not have happened, you know this person could be the defendant, but not for sure. Do not use butfor test to work yourself through a case of negligence. If for example you have something were you can"t say but for their actions, the plaintiff will not have been armed, ten you know they are not the defendant. If they would have suffered the same loss anyway, even if the defendant hadn"t acted carelessly, the defendant ad to be held liable. If there are two defendants, a particular person may be held partially liable. A normal person with normal intelligence in a normal state of alertness (never under the influence, person with a clear mind) standard.
