Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Contributory Negligence, Misrepresentation, Vicarious Liability
Document Summary
Reasonable care: the care that a reasonable person would exhibit in a similar situation. Tort of negligence is a careless act that causes harm to another. Carelessness is the failure to show reasonable care - the care that a reasonable person would have shown in a similar situation. Plaintiff does not need to show that the defendant intended to cause damage or that it was deliberate. Tort of negligence makes defendant liable for failing to act reasonably - for driving too fast/giving unprofessional advice or for not taking proper care of furniture when shipping. Negligence law - like tort law in general - seeks to compensate victims for their loss or injury. Provides this compensation after applying rules that determine who is liable to compensate another, on what basis, and for how much. Without limiting rules, business and professional people will be reluctant to produce goods and services because risk of liability in negligence would be unknowable.