COMM 315 Lecture Notes - Lecture 9: Specific Performance, Sept, Canadian Tire
23 Apr 2016
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1471: good samaritan not liable if in good faith and absent gross negligence (unreasonably negligence, no normal person would do this act) or intentional fault; 1472: disclosure of trade secrets for reasons of general interest such as public health or safety. The victim knew or could have known of the defect; That the victim could have foreseen the injury. Ex: even though the product is defective, the victim took an unnecessary risk knowingly. Ex: if the person knows that the product is defective and he uses it anyway then the person is the liable. Ex: if the manufacturer discovered that there"s a defect in the product then they always ask to recall the products to give new one. If you didn"t return it and something happens then your liable. Although it may be imprudent, it doesn"t entail renunciation of his remedy. Victim can still sue although he shares some of the liability.
