LAW 122 Chapter Notes - Chapter 6: Product Liability, Contributory Negligence
10 Sep 2013
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Tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. Tort of negligence requires the plaintiff to prove that the defendant. Eg; manufacturer may produce a beverage that makes a consumer sick owed a duty of care required to act carefully toward the plaintiff breached the standard of care by acting carelessly caused harm to the plaintiff. Defendant may be able to avoid liability by proving a defense. Was guilty of contributory negligence that caused or contributed to the injury. Was injured while engaged in some form of illegal behavior voluntarily assumed the risk of being injured by the defendant. On one hand, court wants a wide scope of liability in order to compensate people who suffer. Law of negligence contains a tension between two important values. injuries. On the other hand the courts recognize that liability sometimes hurts society.
