LAW 122 Lecture Notes - Lecture 6: Liability Insurance, Product Liability, Contributory Negligence
Document Summary
Requires the plaintiff to prove that the defendant: Owed a duty of care, in that they were required to act carefully toward the plaintiff. Breached the standard of care by acting carelessly. Caused harm to the plaintiff the defendant may show 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 negligence that is committed by a professional person, such as a banker, lawyer, or accountant. Refers to the special considerations that shape the general cause of action in negligence when it is applied to professional people. Negligence = tricky, b/c courts want a wide scope of liability to compensate people who suffer injuries, but the liability sometime hurts society (ex. business fully compensating every person whom it injured = forced out of business)