RMI 2101 Lecture Notes - Lecture 3: Contributory Negligence, Gross Negligence, Vicarious Liability
27 Oct 2016
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Document Summary
Breaking a contract can lead to a lawsuit. Failure of a person to exercise the proper degree of care. Burden of proof is on the injured person. L. l. is established because accidents happen (variation = risk, subjective) Usually easy to establish injury or damage occurred. Establishing the amount of damage is visually difficult. Difficult to establish and measure (what to who) Amounts assessed as a form of punishment. Assumption of risk of the injured party. One recognized the dangers in an activity. Voluntarily chooses to encounter it (i. e. attending a hockey game, going skydiving) Plaintiff was partially to blame for what happened. Presumption of negligence on part of defendant. Fact of an injury is something enough. Injured party does not contribute to loss (i. e. dentist removes wrong tooth) One person or organization becomes l. l. for the negligent behavior of another. Employers are held responsible for actions of their employees acting within the capacity as.
