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].
1981) (deciding that when the defendant creates the danger, even if with no fault, he has a duty to rescue even if the plaintiff was contributorily
negligent); DOBBS, supra note 9, [section] 316 (arguing that an exception to the no-duty-to-rescue principle applies when the defendant who failed to rescue caused the harm or created a risk to the plaintiff, even if innocently and without fault); see also EPSTE1N, supra note 41, at 291 (giving an example of a car that blocks the highway without fault and explaining that the driver still has the responsibility to warn other drivers of the danger).
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.
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.
rule that a plaintiff who was contributorily
negligent may nonetheless
108) Thus, Verizon is not contributorily
liable for copyright infringement.
There are four central issues to be decided: whether Derek can recover damages from Allan for Allan's negligence; whether Derek was contributorily
negligent; whether Martin was responsible in damages for his failure to rescue Derek; and whether Charles can recover damages for emotional distress and, if so, against whom.
Inasmuch as she did not, and thereby contributed to her own harms, she could be round to be contributorily
negligent and have any damages reduced proportionate to her contribution.
As a result of its factual findings, the district court concluded that eBay was not contributorily
liable for trademark infringement even though IPROs suspected that individual sellers were selling counterfeit goods on the eBay site; (20) eBay must have had specific knowledge that certain offerings on its site were counterfeit yet did nothing to impede those transactions.