BSEN 395 Lecture Notes - Lecture 21: Reverse Onus, Res Ipsa Loquitur, Strict Liability
9 Dec 2016
School
Department
Course
Professor
Document Summary
Unintentionally injuring someone when the following three elements can be proved: 1. Law, precedent, contract, common sense- reasonable main test: 2. Did we breach a duty: 3. Causation- was that breach of duty the actual (proximate) cause of the defe(cid:374)da(cid:374)t"s i(cid:374)jury -(cid:862)(cid:271)ut for test? (cid:863) Strict liability- if you gather something on your properties and it escapes and (cid:272)auses da(cid:373)ages to a(cid:374)other"s property- you are strictly liable-pay up!! Nuisance- interference with the lawful use and enjoyment of a(cid:374)other"s property- if there are 2 competing legal uses- the 1sy in time wins: 3. Ma(cid:374)ufa(cid:272)turer"s lia(cid:271)ility- (1932)- donoghue v stevenson- (cid:373)a(cid:374)ufa(cid:272)turer"s liability are potentially liable for defects or problems their products create for the ulti(cid:373)ate (cid:272)o(cid:374)su(cid:373)er"s of their produ(cid:272)ts- duty to produce safe products. Res ipsa loquitor- things speak for themselves- when only the defendant can explain why or how the plaintiff was injured the counts may find the defendant is guilty unless they can prove they are innocent- reverse onus: defenses:
