"Put simply, just as a reasonable fact-finder could find that a client who had been advised by a lawyer as to a particular legal issue is not contributorily
negligent by failing to seek the advice of a second lawyer or by failing to read case law himself, so too a reasonable fact-finder could find that plaintiffs acted reasonably in failing to seek a second opinion and in failing to conduct independent research as to their distribution options," Judge James A.
It seems clear, for example, that an adult plaintiff would not be found contributorily
negligent in attempting to save a life, say, by running in front of a car to rescue a toddler, whereas one who ran in front of a car to fetch a ball would.
(196) The court explained that the plaintiffs could not be held contributorily
negligent "solely because of their failure to themselves perform the very acts for which they employed [the defendants]." (197) As the court noted,
The defendant argued both that the plaintiff was contributorily
negligent and that she failed to mitigate damages by choosing an improper physician.
Possibly the plaintiff was contributorily
The Court imported the theory of inducement from patent law in holding the software company contributorily
liable for "foster[ing] infringement ...
7,277,562 (the '562 patent), does not directly or contributorily
infringe any claim of U.S.
"There are many patent claims that software can only infringe contributorily
, so this finding would do away with a pretty substantial part of the patent problem [that] open source and other free-of-charge software faces," he said.
While GSU claimed that any copying done was a fair use, it also denied that it was directly, vicariously, or contributorily
liable for the acts of staff and faculty.
Further, the case is also a classic illustration of the fact that a patient can be contributorily
In that case, the Second Circuit ruled that eBay couldn't be held contributorily
liable for encouraging trademark infringement by sellers of counterfeit Tiffany jewelry, but, in remanding the case, the court also ruled that eBay's use of "Tiffany" in ads could be false advertising, even though eBay did offer authentic Tiffany jewelry.
The trial judge found that the injuries were indivisible and that since Bradley was not contributorily
negligent, Groves was liable for the full extent of damages.