In both of these cases, the traditional doctrine of assumption of risk could be applied to exonerate the drivers of negligently caused harms. 23.
Suppose, he suggests, on the way to the airport my taxi driver negligently gets into an accident.
Therefore, if a negligently designed software program provides an incorrect diagnosis, recommendation, or dosage or insufficient or incorrect information, a physician is not automatically exonerated.
Presumably, if one party intentionally or negligently injured another party, then the offending party owes the injured party compensation as a matter of corrective justice.
Similarly, we know that liability in tort usually requires "negligence," but we often have difficulty in determining if a person behaved negligently or not.
I have not seen one negligently rough transfer of a patient from a trolley.
The alternative in many cases would be to risk anarchy by allowing existing transaction rules to be flouted without consequence by those who would intentionally or negligently injure others.
Consider, first, what the natural lottery rule would dictate with respect to a case where two parties act negligently, and their doing so contributes causally to the very same injury.
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