Section 2: Damages, Defenses, and Special Liabilities

Summary

Vicarious liability, strict liability, occupiers' liability, professional liability, parental liability, liability in motor-vehicle cases — all these are special types of liability that do not work entirely according to the usual rules of negligence law. The rules have been changed in these situations to better protect society from the actions of individuals.

Law is always a balancing act, an attempt to fairly weigh the rights of society against the rights of individuals within society. It's a balancing act that continually needs fine tuning as conditions and standards change.

Section 2: Conclusion

In this section, you've examined a variety of defences used in negligence cases. You've also looked at some special types of negligence, and you've seen the different sorts of damages the courts award successful plaintiffs in negligence cases. The next section will take a rather more practical look at the workings of the court system. In it you'll investigate the process of commencing a legal action in civil court.