Philosophy 2080 Study Guide - Midterm Guide: Product Liability, Strict Liability, Torte
17 Apr 2017
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Private law involve an individual vs another individual: they control their own cases and generally involves having private lawyers. Someone is sueing another person for damages/harm inflicted: sueing over a private issue. Is there any loss: any damage/harm caused, what should be done about the loss, how can we compensate for the damage caused, how should the loss be distributed? a. Divisions of private law: negligence, a persons actions causing harm are seen as carless, failure to act reasonably, defendant has the duty to care violation can be determined by b. i. Was there a close relationship between the plantiff and defendant b. iii. Is it fair/reasonable to impose liability: use the but for test c. i. If it wasn"t for the defendant, the harm wouldn"t have been caused c. ii. Plantiff was put in an unfair, unsual position c. iii. Example: property torte trespassing on someone"s property b. i. 1.
