BU231 Study Guide - Midterm Guide: Contributory Negligence, Strict Liability, Consumer Protection
Document Summary
Cause of action reason for the lawsuit (ex: negligent. Plaintiff person suing, name goes first in lawsuit. Defendant party being sued, name goes second. Burden of proof typically lands on the plaintiff to prove damage or breach of contract. Liability responsibility (ex: i find you strictly liable for this) Money which includes physical (material) losses and intangible (psychological) loses. Civil law (tort) law that governs between citizens. General principle: fault/no fault: strict liability, no fault, vicarious liability. Negligence taking less care than you should have. Must have: duty of care; who: proximity (foreseeable, anticipated victims) & Show that the defe(cid:374)da(cid:374)t"s a(cid:272)tio(cid:374)s (cid:272)aused the da(cid:373)age suffered. Must consider remoteness (not everything can be because of one event that occurred) and foreseeability. O(cid:272)(cid:272)upier"s lia(cid:271)ility look at who a duty is owed to (invitees, licensees, trespassers) Contributory negligence a portion of the liability lies with the plaintiff. Voluntary assumption of risk people knew about the risk (signs) and still participated.
