BMGT 380 Lecture Notes - Lecture 25: Progressive Disease, Contributory Negligence, Comparative Negligence

• School: University of Maryland
• Department: Business and Management
• Course: BMGT 380
• Professor: Gideon Mark

Document Summary

Product misuse: the plaintiff uses the product in an unintended manner. Negative consequences and people have sued the manufacturer the microwave is defective but defense argues misuse: 2. Assumption of risk: defense under all theories, you the plaintiff are aware of the danger and acknowledge it and consent to it, e. g. microwave exploded 3 times this week and it explodes 4th time and you are injured. Contributory negligence: absolute defense-plaintiff will recover zero, e. g. jaywalking pedestrian, most states don"t recognize it as a defense. Many have replaced with comparative negligence: 4. Comparative negligence: defense in negligence and strict liability, doesn"t apply in warranty cases, applies in product liability cases, complicated when strict liability and comparative negligence involved, history: goes back for decades, but gained popularity in 19th century. In the case of a dispute, they"ll know what"s in the contract is it is in writing: otherwise, they will have to rely on what each side says, elements of contracts, 1.