01:220:395 Lecture Notes - Lecture 15: Comparative Negligence

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2 May 2016
March 22 2016
Tort (Accident)
- A wrongful act which does not involve a breach of contract for which the
injured party can recover damages in a civil action
Tort Liability
- Settles dispute between plaintiff and defendant
- Sends signals to potential victims and injurers about how they should behave
Elements of tort Law
- Plaintiff must have suffered harm
- Defendant’s act or failure to act must have caused the harm
- Defendant’s act or failure to act must constitute the breach of a duty owned to
the plaintiff by the defendant
Strict liability
- Two elements of tort law, harm and proximate cause, are sufficient to establish
Legal externalities
Harms that are outside private agreements
Simple negligence
Defendants is totally responsible if there was a breach of duty
Comparative negligence
Divides the cost of harm between plaintiff and defendant in proportion
to their negligence contribution
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