ACTG 2P40 Study Guide - Midterm Guide: Estoppel, Product Liability, Urs
11 Dec 2015
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Limited assets (ii). who makes profits also liable for loss. Dose vicarious liability relieves an employee from liability?answer: no. 2. trespass: (sue by established damages)unlawful entering/remaining on others" land without permi. Defenses to defamation: (1) that the statements are true (2) absolute privilege(witness says) (3) qualified privilege (words said in letter or reference) Negligence (a) 3 elements: own duty of care (standard of care). Avoid reasonably foreseeable harmful: breach the duty of care. Court will look at :what would a reasonable person have done: breach the duty of care caused injury to plaintiff(causation--2 tests) (b) 2 rules, burden of proof, defenses. Loss must flow naturally from the breech. Some relationship between loss and negligent act (c) product liability e. g. cigarette (d) occupiers" liability. This is a case of negligence that deals with the duty owed to an individual when they are on an owners land.
