LAW 122 Lecture Notes - Lecture 4: Contributory Negligence

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To compensate for harmful, risk actions conducted carelessly, but to allow for careful risk taking. The scope of the people to whom you might be liable to. All 3 elements must be met to impose liability for the tort of negligence. The but-for test: would the plaintiff still have suffered harm. Rule: no liability if the loss is too remote. Remoteness: the type of injury for which you might be liable. Exceptions to remoteness: thin skull, crumbing skull, thin wallet, intervening act. Contributory negligence: occurs when the plaintiff partially responsible for injury that defendant tortuously caused: the plaintiff"s own carelessness was a cause or added to the injury he/she suffered. Damages reduced to reflect plaintiff"s contribution to harm. The plaintiff risk (i accept that i might be harmed) The legal risk (i agree i won"t sue you as a result)

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