GMGT 3300 Chapter Notes - Chapter 12: Fiduciary
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Partially at fault the defendant only has to pay a portion of the damages incurred (whatever their proportion of their involvement in the act is). So, if the damages were ,000 and both parties are 50-50 at fault, the damages awarded would only be ,000. Donahue vs. stevenson (late 1890s) leading case dealing with negligence. A lady bought a bottle of beer from a retailer. She drank half of the bottle before realizing there was a decomposing snail at the bottom of the bottle. She started to feel sick she became violently ill. It was understood that you need a contract when you claim negligence. The lady had a contract with the store, but they were not at fault. Therefore she sued the drink bottler and she won. Therefore, you don"t need a contract to sue, you only need a duty to care.