SPTE 201 Lecture Notes - Lecture 16: Product Liability, Due Process, Contributory Negligence
3 Dec 2015
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Tort is a wrongful act or an infringement of a right (other than under contract) leading to civil liability. A part if tort law dealing with unintentional conduct that falls below a standard established by law for the protection of others against unreasonable rick of harm. *defendant must have some obligation to protect the plaintiff from unreasonable risk. * court (based upon professional standards) determines duty. * ex: k-12 teacher/coach and student athlete- duty. * unaffiliated person, person watching in the street, no legal duty. Damages has to exist, there has to be some kind of loss as a result of negligence. Statues of limitations, a cause of action that has not been filed in a timely manner. * no liability when an unforeseeable natural disaster results in injury. Forecasted events do not fall under act of god. Contributory negligence compares negligence of the plaintiff to the degree of responsibility of the defendant.
