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

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2 May 2016
Department
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
liability
Legal externalities
Harms that are outside private agreements
Liability
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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