BU353 Lecture Notes - Lecture 10: Damages, Punitive Damages, Product Liability
Chapter 10: Legal Liability for Injuries
Source of Law
a) Common Law - evolved over time through court decisions
b) Statutory Law - enacted by government bodies
Branches of Law
a) Criminal Law - applies to acts against the citizens and the state in violation of
Caada’s Criial Code
b) Civil Law - applies to acts against other individuals or entities
c) Contract Law - applies when a contract governs the relationship between the parties
in a dispute
d) Tort Law - applies when a contract does not govern the relationship between the
parties in the dispute
Range of Alternative Tort Liability Rules
Description
Example
No liability
- defendant cannot be held liable
- children in some cases
Negligence
- defendant is liable if found
negligent, but might be able to avoid
liability using certain defenses
- liability for damages caused by
automobile accidents
Strict liability
- defendant is liable even if not
negligent, but might be able to avoid
liability using certain defenses
- liability of firms for damages resulting
from defective products
Compensatory damages are designed to compensate injured parties for loss. There are two types of
compensatory damages:
(1) Special Damages – compensation to the plaintiff for monetary losses
(2) General Damages – compensation for nonmonetary losses (ex. pain and suffering)
There are also punitive damages which are meant to punish the defendant for their actions as opposed
to compensation for plaitiff’s losses. These are resered for situatios here the defedat’s odut
was malicious, oppressive, and reckless.
Situations often arise where the actions of multiple parties combine to cause loss. Each party deemed
responsible will be assigned a percentage of fault; if one of these parties cannot pay, then the other
parties who are at fault pay their share and the additional amount. Under the doctrine of joint and
several liability, each defendant can be held responsible for the entire amount of damage.
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Document Summary
Source of law: common law, statutory law. Applies to acts against the citizens and the state in violation of: criminal law. Applies to acts against other individuals or entities: contract law. Applies when a contract governs the relationship between the parties in a dispute: tort law. Applies when a contract does not govern the relationship between the parties in the dispute. Defendant is liable if found negligent, but might be able to avoid liability using certain defenses. Defendant is liable even if not negligent, but might be able to avoid liability using certain defenses. Liability for damages caused by automobile accidents. Liability of firms for damages resulting from defective products. Compensatory damages are designed to compensate injured parties for loss. There are two types of compensatory damages: (1) special damages compensation to the plaintiff for monetary losses (2) general damages compensation for nonmonetary losses (ex. pain and suffering)
