BU231 Lecture 10: BU231-Lecture-Notes
Document Summary
A business risk with legal implications: first: identify legal risks, second: evaluate the size and likelihood of the risk, third: decide on an action plan, fourth: implement the plan, fifth: regularly review and update the plan. Defamation elements: intent (maliciousness, statement made, statement is false, statement is published, i. e. made to a 3rd party, statement must cause genuine and significant injury to the reputation of the plaintiff. Special standards of care: the reasonable and competent person in a specific profession where someone requires specialized skill and knowledge, the professional standard of care, the fiduciary, children the standard of a reasonable child of the same age, unless engaged in adult activity. Contributory negligence: partial defense, the plaintiff in some way acted negligently and contributed to their own harm, court will apportion damages in proportion to the degree of fault or negligence on the part of the defendant.
