UConn BLAW 3175 - ppt chapter 6 part 2 (causation, damage, defenses, strict liability) (20 pages)

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ppt chapter 6 part 2 (causation, damage, defenses, strict liability)



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ppt chapter 6 part 2 (causation, damage, defenses, strict liability)

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Pages:
20
School:
University Of Connecticut
Course:
Blaw 3175 - Legal and Ethical Environment of Business

Unformatted text preview:

1 14 19 Dr Gerlinde Berger Walliser NEGLIGENCE AND STRICT LIABILITY Chapter 6 Part 2 Causation Damage Defenses Strict Liability 1 Factual Cause Factual Cause if the defendant s breach ultimately led to the injury he is liable Conditio sine qua non if the defendant had not done what he did the injury had not happened Plaintiff s father slips on defendant s slippery stairs and sprains his ankle Injured is taken to the hospital in his son s car to take X rays Car gets run over by a truck Injured dies in the hospital Causation Let s watch and discuss https www youtube com watch v RBUz24 Ip1g Should Walmart be liable Yes no Why Proximate Cause Proximate Cause to be liable this type of harm must have been foreseeable was the injury a natural and probable and foreseeable result of the breach of duty Is there a sufficient legal nexus or proximity between the duty breach and the death The defendant does not have to know exactly what would happen just the type of event Ex Factual Cause Proximate Cause Mechanic fails Mechanic to fixfails to fix customer s customer s brakes which brakes which causes causes Car accident car hitting bicyclist Car accident but car does not hit bicyclist Car accident car hitting bicyclist Mechanic is Noise from accident startles someone who falls out a window Mechanic is Bicyclist hits pothole and crashes Mechanic is Harm In negligence contrary to tort cases the plaintiff must prove a harm Bodily injury or Economic loss Is this an actionable claim http www youtube com watch v 3Qkeukoo2WU Damages Compensatory damages Economic and other damages explained Economic damages include past and future medical bills past and future lost wages impairment diminution of earning capacity lost profits not attorney fees past prior to the trial Damages Compensatory damages cont d Non economic damages include physical pain and emotional suffering loss of society permanent disfigurement impairment of physical abilities loss of enjoyment of life Calculating damages



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