LAW 122 Chapter Notes - Chapter 6: Contributory Negligence, Professional Negligence In English Law, Product Liability
27 Oct 2016
School
Department
Course
Professor
Document Summary
The tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury: requires plaintiff to prove that the defendant. Caused harm to the plaintiff: defendant may still be able to avoid liability by proving a defence. Three possibilities by showing that the plaintiff. Was guilty of contributory negligence that caused or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant. Was injured while engaged in some form of illegal behaviour. Law of negligence contains a tension between two important values: the court wants a wide scope of liability in order to compensate people who suffer injuries, the courts recognize that liability sometimes hurts society. The tension to between the desire to provide compensation and the desire to encourage socially useful activities appears in all areas of tort law. Because that cause of action is so flexible. Ex: innkeeper and traveller, lawyer and client, etc.
