Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Reasonable Person, Vicarious Liability, Strict Liability
In situations in which the person has a higher level of expertise (doctor, lawyer, accountant, etc. ) this person would be judged at a higher level of expectation. The purpose of defenses is to lower the responsibility of loss on the defendant. Contributory negligence: situations in which both the defendant and plaintiff are responsible for the loss that the plaintiff incurred. In these situations the obligation of the defendant will be reduced by however percentage the plaintiff was liable. Voluntary assumption of risk: the plaintiff has complete understanding injury is a very likely possibility and therefore has given up right to sue as the defendant no longer has any legal responsibilities. If this is proven, plaintiff will be awarded nothing. In situations where the defendant is a hired professional who is required by their services to give the best advice or be sufficient in reporting to their client; this is a tort and a breach of contract.