That duty o where a plaintiff unreasonably confronts

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Business Law: Text and Cases
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Chapter 6 / Exercise 05
Business Law: Text and Cases
Clarkson/Miller
Expert Verified
that dutyoWhere a plaintiff unreasonablyconfronts a risk oCareless for their own safetyoContributory negligence or comparative faultoPartial defense (P can still recover in some measure)oVoluntarily engaging in risk28
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Business Law: Text and Cases
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Chapter 6 / Exercise 05
Business Law: Text and Cases
Clarkson/Miller
Expert Verified
oWhen someone acts reasonable they cannot collect, but if theyact unreasonable they can collect Cheong v. Antablin – Skiing Case – Implied 1oParticipant in active sport ordinarily owes no duty to co-participants torefrain from normal activities of the sport, but owes a duty to not injure them recklessly or intentionally.DAMAGES FOR ALL TORTS ACTIONSoEconomic Damages or Special DamagesLost income and medical expensesoNon-Economic or General DamagesPain and SufferingoDon’t have statutory compensation fund because more likely taxpayers will end uppaying the price and it might not deter people form engaging in tortious activities if theyknow they wont have to pay the price for itDamages are determined by the jury Permanent?Implications on life and work lifeInflationImplications of income taxes Fundamental goal is to put the plaintiff in his or her original positionMake the plaintiff wholeNo fixed standardoPersonal Injury Damages (1) Past earnings losses and future earning power loss(2) Past and future medical and hospital expenses(3) Past and future pain and sufferingCalva-Cerqueira v. United States – Bus accident Court must have a reasonable basis upon which to estimate damagesYou are capped at what you ask for at the administrative level unlessplaintiff can satisfy a stringent “newly discovered evidence” or“intervening facts” standardLife ExpectancyPermanent injuries are involved, have to establish life expectancyUse mortality tables (economic experts)oIndividual circumstances are taken into account (Race &Gender)oRelevant for future medical expenses, pain & suffering, futureearnings lossesMortality tables typically reflect a problem in society where minoritiesand women are compensated less than white man…unfair…ARGUETHAT THEY ARE UNFAIRThey can just be seen as a reflect of society on the other handMitigation of DamagesDefendant may be relieved of responsibility for further damages ifPlaintiff unreasonably fails or refuses to undergo medical treatmentthat would alleviate the medical difficultiesThis brings up some problems because what if people refuse procedurebecause of religionLoss of Consortium29
Harm suffered by a life partner of an injured victim, some allow minorchild to parentThe losses suffered by the individual when his partner is seriouslyinjuredNot a tort but a type of injury where one can claim damagesLoss of consortium are claims for plaintiff’s loss of:oServicesoSocietyoCompanionshipoAffectionoSexual relationsPlaintiff should provide nature of the relationship before the accidentand it’s impairment after the accident Also recoverable for gay and lesbian relationships in some statesoPain, Suffering and Emotional Distress

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