9_23_10_notes

9_23_10_notes - driver is held strictly liable You will be held liable for wild animals domestic pets that you know or should have known that are

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9/23/10 BLAW 3391 Test 1 Thursday 9/30: Definitions and Examples Theory of contributory negligence – plaintiff has something to do with the event and usually gets nothing in return. Ex: I hit someone J walking across the street. He gets nothing because he was J walking. Comparative Negligence – Defendant – 60% responsible Plaintiff – 40% responsible (Receives $6,000) Damages – $10,000 Defendant – 49% Plaintiff – 51% (Receives $0) Damages - $10,000 If the plaintiff is more responsible for the injuries than the defendant, the plaintiff receives no compensation. Has to be more than 50% responsible. Assumption of risk is a defense in a case like this Strict Liability Ex: Activity that involves high risk of serious injury that isn’t very common such as crop dusting (chemicals). You are careful although some of your chemicals blow over to the neighbor’s chicken coup. You are held strictly liable. Ex: Delivering fireworks, stopped to rest, lightning strikes the truck and the truck blows up. The
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Unformatted text preview: driver is held strictly liable. You will be held liable for wild animals, domestic pets that you know or should have known that are likely to attack humans. Product Liability • Warranty of title (I own it, I can sell it) • Express Warranty (Fact or promise that is made of quality of a product) • Implied a. (Merchantability) – (Reasonably fit for which it is intended) Ex: Lawn mower is for mowing lawns, not trimming hedges b. Fitness for a particular purpose (Ex: You tell a salesman you are going to be mountain climbing at a place that will be 5 degrees and he sells you shoes that are good down to 10 degrees and you get frost bite b.i. Disclaimer If you are selling a car and they ask about the condition say “to my knowledge” or take it to your mechanic Strict Product Liability 1. Defendant is a regular seller 2. Defendant sells product in defective condition 3. Unreasonably dangerous 4. Plaintiff injury...
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This note was uploaded on 02/15/2012 for the course BLAW 101 taught by Professor Staff during the Fall '10 term at Texas State.

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9_23_10_notes - driver is held strictly liable You will be held liable for wild animals domestic pets that you know or should have known that are

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