BUS 393 Lecture Notes - Lecture 4: Uberrima Fides, Fiduciary, Roofer

• School: Simon Fraser University
• Department: Business Administration
• Course: BUS 393
• Professor: Robin Elliott

Document Summary

Negligence involves inadvertent or carless conduct causing injury or loss to another single most common tort liability requires a yes to all of these questions: 1. Did the defendant owe a duty of care to the plaintiff: 2. Did the defendant"s conduct breach the proper standard of care: 3. Did the defendant"s breach cause the harm: 4. If theres no duty, there is no liability. Duty of care: duty to take positive action, duty to be careful. Stage one examines relationship between the parties. Duty owed to anyone we can reasonably foresee would be harmed by our carelessness. Legislation or courts may decide not to impose the duty even though the first step is met: e. g. , good samaritan acts. Policy reasons negating a duty: pregnant mothers to a fetus (dobson v. dobson, governments deciding how to allocate resources (just v. Required standard of care is determined by reasonable person test. Level of risk, cost, and potential loss are important factors.