Compensatory Precaution

Compensatory Precaution - Compensatory Precaution o Strict...

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Compensatory Precaution o Strict Liability Rule Victim will take y*=0, has no incentive to be careful As such, the Injurer will adopt the compensatory level of precaution of x** to compensate for the Victim’s carelessness How can we make this more efficient? Answer: SEQUENTIAL o INTRODUCING THE DUE STANDARD OF CARE FOR THE VICTIM Idea of CONTRIBUTORY NEGLIGENCE Developed in Butterfield v. Forrester (1809) Plaintiff left a tavern one evening, riding his horse down a road. Defendant was rebuilding his home, left lumber in the street. Defendant was blocking part of the street; other part of street was open unimpeded. Witnesses say Plaintiff was speeding on his horse, hit impediment, causing damages. Judge instructions to Jury: When examining the Victim, is there something in the Victim’s actions that would indicate they were not behaving like a reasonable person, undertaking a due standard of care Question: Does the Victim have a responsibility to take some care of avoid the accident? Defense used the Defense of Contributory Negligence
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Compensatory Precaution - Compensatory Precaution o Strict...

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