LAW 122 Lecture Notes - Lecture 6: Product Liability, Eure, Lightning

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Tim Storus

Document Summary

The tort of negligence determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. This can arise from a number of ways: a manufacture that produces a beverage to make the (cid:272)o(cid:374)su(cid:373)er si(cid:272)k, a(cid:374) i(cid:374)(cid:448)est(cid:373)e(cid:374)t (cid:272)ou(cid:374)sellor"s (cid:271)ad ad(cid:448)i(cid:272)e (cid:373)ay lead to a (cid:272)lie(cid:374)t to pur(cid:272)hase (cid:449)orthless stocks, etc. Even if those three criteria are proven, the defendant may be able to avoid liability by proving a defence. The defendant may show the plaintiff: was guilty of contributory negligence that caused or contributed to the injury, voluntarily assumed the risk of being injured by the defendant, was injured while engaged in some form of illegal behaviour. Professional negligence refers to the negligence simply refers to negligence performed by a professional such as a banker, lawyer, etc. A duty of care exists if the defendant is required to use reasonable care to avoid injuring the plaintiff.