MGMT 209 Lecture Notes - Lecture 8: Comparative Negligence, Res Ipsa Loquitur, Automobile Repair Shop
Document Summary
Chapter 12: basic of tort law , torts: a. i) civil wrongs (not breaching contract) (a. i. 1) Tort law provides remedies for damage to protected interests (i. e. , personal physical safety / freedom of movement) (a. i. 1. a) tort reform (a. i. 1. a. i) Limiting the amt of damages that can be rewarded. Requires p to pay p and d fees (a. i. 1. a. ii) federal reform a. i. 1. a. ii. 1. Cafa class actions are now under federal jurisdiction, not states. Even though most state caps can be appealed bc they"re unconstitutional: types: (b. i. 1) (b. i. 2) (b. i. 3) Negligence (failure to take proper care; unintentional) (fault without intent) Strict liability (no fault liability; didn"t do something wrong something just happened: damages (monetary compensation for harm or injury to person or property): c. i) 1. Punitive damages violating law in outstandingly bad way; punish wrong doer & deter others (c. i. 1. a. i) (c. i. 1. a. ii) these are rarely used bc they limit due process clause. Intentional torts seek these; gross negligence (intentional failure to do duty recklessly) c. ii) 2.
