LW 221 Study Guide - Midterm Guide: Strict Liability, Comparative Negligence, Trademark Infringement
Document Summary
They are only available if they are a foreseeable consequence of the breach. The injures party may recover consequential damages only if the breaching party should have foreseen them when the two sides formed the contract. Torts- a wrong or injury to another person arising other than by breach of contract. Not using headlights at night and hitting someone. Strict liability for an ultra-hazardous activity- imposes strict (no fault) liability on a defendant who engages in an ultra-hazardous activity. Keeping wild animals, using explosives, and storage of toxic waste. Vicarious liability of employer for torts committed by employee: Boss is responsible for the wrongful actions committed by their employees. Sovereign immunity-legal doctrine that prevents the government from being sued without its consent. Product liability theories of liability: negligence, strict product liability, breach of warranty(contract) not now. Product liability claim based on negligence: a plaintiff must prove all 5 elements of. Negligence: duty, breach, proximate cause, damages and factual cause.
