BU231 Lecture Notes - Lecture 3: Vicarious Liability, Contributory Negligence
Document Summary
Tort: a wrongful act done to the person or property of another. Negligence: careless causing of harm to the person or property of another. The object of tort law to place the injured party back in the position he/she would"ve been had the tortious act not occurred. Three-part test for negligence: the defendant owed the plaintiff a duty of care, the defendant breached that duty of care by falling below the standard of care, the defendant"s actions caused the injury. To take reasonable care to avoid injury to others. The duty is not all encompassing you must owe a duty to the other person. If so: are there any considerations which ought to negative or limit, the scope of duty, the class of persons to whom it is owed, the damages to which a breach of it may give rise.
