BSLW1021 Lecture Notes - Lecture 2: Extreme Sport, Contributory Negligence, Comparative Negligence
Document Summary
Elements of a negligence tort: duty to act as a reasonably prudent person, breach of duty (the person did not act like a prudent person, causation, harm. Only if the injured person is within the zone of danger. Damages: past and future pain and suffering, past and future physical impairment, past and future past and future medical care, past and future loss of earning capacity, punitive damagers. Joint and several liability: if two defendants are liable, each defendant can be responsible to pay the entire judgment, see case problem #10 pipes protruding and cab driver driving too fast and girl killed by crash. If one cannot pay, the other is liable for the entire amount. Defenses to negligence: plaintiff cannot prove his or her case, contributory/comparative negligence. Partly the defendants fault that they were damaged. Contributory negligence: if the plaintiff was negligent at all, no recovery.
