class notes - nov 15 - Defence against negligence

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Defence against negligence: 1 Volenti – Complete defence a. If the defendant can show that the plaintiff was i. Was aware of physical and legal risks ii. And consented to them b. The defendant is not liable at all c. Page 25 (Poirier vs. Murphy) 2 Contributory Negligence (partial defence) a. Negligence Act – allows court to proportion liability to parties 3 Failure to Mitigate (partial defence) a. Plaintiff must minimize losses Campbell Estate vs. Pederson, Skeena Disposal Ltd, Universal Ltd Pederson is driver of truck, but also sole shareholder of Skeena Amount of damages agreed upon, indecision about how to proportion between defendants
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Unformatted text preview: Loading bin for truck improperly designed, but bin not inspected before loading Pederson liable because he breached statutory duty to inspect Vicarious Liability: employer is jointly liable for the torts committed by employee in the scope of his/her employment Skeena is jointly liable because Pederson was an employee of the company Universal is also liable because they do owe a duty of care in the manufacturer, design, and inspection Universal was held 80% liable, Pederson 10%, Skeena 10%...
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