COMM 315 Chapter 1: comm315_liability
31 Jul 2016
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Personal liability: exceptions, superior force (art 1470) An unforeseeable ad unstoppable act: author, assistance to another (art 1471) Someone is drowning, and by trying to save him, you break his nose because something was in the way, he can"t sue you) Damages must not be intentional or of gross fault: legitimate reason (art 1472) Person discloses trade secrets for public health or safety: victim"s fault, victim accepts risk (art 1477) Is assumed to know risks (sport spectator/hockey) Damages must be directly associated to these risks. Is informed of risks if contractual association, ie. dangerous sport, dangerous product, etc. (art 1475) But never for intentional or gross fault (art 1474) ex. You go skiing, and you hit a shovel, it"s their fault because it should not have been there) Waive right to sue? (if it"s gross fault, you can sue them anyway, even if you signed something: victim"s fault (art 1478, par 2) proportion of damages (ex.
