BSEN 395 Lecture Notes - Lecture 5: Contributory Negligence, Vicarious Liability, False Imprisonment

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Nature of torts: civil wrong, different from crimes: private law, style of cause , objectives, burden of proof, common law and civil code subject, protect against negligence liability through insurance and waivers (subject to legislation) Against the person (battery- cannot sue if informed consent vs assault, false imprisonment) Negligence is the most common tort (careless injury to another) One or more people; 100% liability can be divided by fault. Categories: product liability, professional malpractice, personal injury, government liability, occupier"s liability (ensure the safety of people in your store) Analysis for negligence claims: does the defendant owe a legal duty of care. Neighbour principle; we have a duty of care to anyone who could be injured because of our actions. Rescuer duty/commercial host; if you create a risk for somebody, you need to try to rescue him. Vicarious liability; a company is responsible for the actions of its employees: how much care (quantum)

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