Negligence Flashcards
Both defendant and plaintiff negligence
Damages will be apportioned between them
Court decisions
The court must determine who was most negligent
Or if both parties are at fault
Burdon of proof
Defendant to prove plaintiffs contributory negligence
Fault
Person who has the last chance to stop
Voluntary assumption of risk
Person should be aware of risks
Defendant must prove the plaintiff knew the risks of his/her actions
Inevitable accident
Injury or loss that results from a situation that is unavoidable no matter what precautions were taken
Act of god is similar exact natural events
Trespass to land
Trespassing is entering property without consent
(Property doesn’t belong to you)
Damage does not have to occur
Nuisance
Something preventing someone from enjoying their property
Private nuisance
Unreasonable and substantial interference with someone’s rights to enjoy their property
Defences to interference with property
Argue you had permission from the owner
Defence of property
A person can use reasonable forces to protect their property
Before using force, must tell the trespasser to leave
Legal authority
Have the right as required by your work to trespass onto someone’s property
Applies to public officials (police, tax assessors, building inspectors)
Statutory authority
Legislation grants someone authority to preform an act that could create a nuisance
Defamation of character
Injury to a persons reputation or good name by slander or libel
Words hurting person/group
Sexual assault
Non invited sexual touching
Victim looking for compensation
Expose perp for wrongful act
