PO210 Chapter Notes - Chapter 5 & 6A: Maple Leaf Foods, Contributory Negligence, Product Recall
Document Summary
Tort: an injustice or a wrong: ca(cid:374) (cid:271)e for assault, trespass, a (cid:374)uisa(cid:374)(cid:272)e, (cid:373)a(cid:374)ufa(cid:272)turer"s lia(cid:271)ilit(cid:455), o(cid:272)(cid:272)upier"s liability, negligence. Four categories of torts: negligence, strict liability. In other words, whether a reasonable person in the circumstances of the defendant could have foreseen an injury to someone due to my action or inaction. If the answer is yes, then you move to the next step of the test. If the answer is no, then there is no liability: next, standard of care: have to find out if the standard of care was breached and can the plaintiff actually prove that there was a breach. If standard of care is met, next test is, did the breach cause the damage/injuries. Did the defendant contribute to anything, i. e. not wearing the best shoes that protect from slip and fall. They can be anywhere from 1-100% contributory negligent: were there damages, thin skull doctrine: (cid:455)ou fi(cid:374)d (cid:455)our plai(cid:374)tiff as (cid:455)ou fi(cid:374)d the(cid:373).
