apportion the liability and hence the damages o Voluntary Assumption of Risk

Apportion the liability and hence the damages o

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: apportion the liability and hence the damages o Voluntary Assumption of Risk: the plaintiff voluntarily proceeded while knowing the risks associated with the conduct Failure to Mitigate o Complaining about plaintiff’s conduct o Additional plaintiff’s conduct led to further damages (didn’t follow procedures) Role Morality: people acting on behalf of another (i.e. employer, client) do not realize their conduct, and do not see what they did wrong even if it’s immoral (Hitler reference) o Check their morals and ethics at the door, not concerning it to their own work Specialized Negligence Torts: additional causes of actions very similar or spinoffs of negligence (4 most common types of negligence lawsuits) o Occupier’s Liability: liability on occupants of land/property for harm suffered by visitors Duty of Care owed to: Invitee/Licensee: people given permission to enter (very foreseeable) Trespasser: those not given permission (foreseeable) – owed a lower standard duty of care (not to lay a trap for them) o Product Liability: when suing a manufacturer about a defective product A product that is not working the same way as it is supposed to Circumstantial Evidence Principle: all that needs to be proven is that the product is actually defective – shift the burden of proof to the manufacturer o Duty to warn: obligation to warn the consumers that it may be inherently dangerous Who should be warned? Consumer vs intermediary What type of warning is needed? Language, image, location will suffice Harm? Damages etc. Causation – would proper warning have stopped the usage or damage? Incrementalism : slowly losing ethical footing one step at a time (slippery slope) o Boiling frog syndrome o We unconsciously lower the bar at the time or after the conduct Overconfidence: overconfidence is more likely to lead financial mistakes, as fraud maybe the only way to deliver on promises
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Chapter 5: Words – Facts and Opinions The opinion of an expert is treated as a fact Negligent Misrepresentation: negligent professional that gives advice and turns out to be wrong o Innocent misrepresentation : an honest and genuine mistake (no liability) o Negligent : honest mistake, that they should have been aware of (liable) Can be verified if other competent professionals would know o Fraudulent – deceit : intentional false representation made by defendant AND the plaintiff believed it and acted on it Representation : words, statements (orally or written), silence when there is a duty to speak – negligence omission Expert is treated as a fact Disclaimer aka exculpatory clause aka limitation on liability to protect experts from mistakes and avoid any possible liabilities Hedley Byrne v. Heller & Products (1964) o Easipower buys products from Hedley Byrne, but EP couldn’t pay off HB o HB asks EP’s bank for information about EP’s credit history, and H&P gives positive information about their credit history o
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