LAW 122 Lecture Notes - Lecture 4: Product Liability, Floodgate, Reasonable Person
15 Apr 2017
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Document Summary
The tort of negligence determines if the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. The purpose is to compensate for harmful, risky actions conducted carelessly, but to allow for careful risk-taking. Even if the plaintiff proves those elements, the defendant may be able to avoid liability by providing the following defences that 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 negligence that is committed by a professional person. The law of negligence contains a tension b/w 2 important values: On one hand, courts want a wide scope of liability in order to compensate ppl who suffer injuries. On the other, they recognize that liability sometimes hurts society.
