SPM 415 Lecture Notes - Lecture 2: Gross Negligence, Contributory Negligence, Comparative Negligence
10 Dec 2017
School
Department
Course
Professor
Document Summary
Tort: definition: a wrongful or illegal act leading to a civil liability, 3 types: intentional torts, negligence, reckless misconduct. Negligence the failure to use such care as a reasonably prudent and careful person would use under similar circumstances. Defenses to negligence: contributory negligence, comparative negligence, statute of limitations maximum time period during which a certain action can be brought or enforced. Indemnification language language that relieves the company of its liability. Assumption of risk plaintiff assumes all risks, either expressly or implicitly, that are normally associated with an activity. Plaintiff choice to incur the risk must be free and voluntary. Contributory negligence: does the conduct by the plaintiff in some way contribute to his or her injury, not recognized everywhere - but it is a complete bar to a plaintiff"s recovery, neither party gets compensation for their damages. Comparative negligence: not a defense, but a method of appointing blame of fault for the injury.
