LAW 122 Lecture Notes - Lecture 4: Contributory Negligence
Document Summary
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)