COMM231 Lecture Notes - Lecture 6: Contributory Negligence, Product Liability, You Suffer
14 Apr 2016
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Thin skull plainif rule: you take your vicim as you ind him/her , is subject to the plainif and how he reacts, ex: get hit by a car travelling at 60 km/h. The other person is signiicantly injured due to them being older. This person can sue for more: material contribuion only requires proof that the negligent acion materially contributed to the risk of harm. Psychologist said he sufered a genuine reacion to what occurred. Went all the way up to supreme court. Said reacion needs to be capable of happening to an ordinary person. Contributory negligence: applies to plainif, have you contributed to your own injuries, if damages was , and found 20% contributory negligent, only get , historically, if defendant could ind plainif 1% negligent, plainif wouldn"t get anything. Both plainif and defendant share liability: joint & several liability. 2 or more defendants divide porion of liability between defendants.
