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BUSI 4623 (0)

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Business Administration
BUSI 4623
Steven Enman

Lecture Seven Botfor test does not tell you who is liable but tells you whoIf you have 5 people who might be defendants if you apply the butfor test and it says but for this person this will not have happened you know this person COULD be the defendant but not for sureDo not use butfor test to work yourself through a case of negligenceIf for example you have something were you cant say but for their actions the plaintiff will not have been armed ten you know they are not the defendantIf they would have suffered the same loss anyway even if the defendant hadnt acted carelessly the defendant ad to be held liableIf there are two defendants a particular person may be held partially liableThe reasonable personWho is the reasonable person A normal person with normal intelligence in a normal state of alertness never under the influence person with a clear mindstandardWhat does society expect from you did you meet the standard of care what did you actually do o The first one is a duty an abstract what society expects duty of care o The second one is what did you actually do did you meet the duty of care standard of careProfessionals part of a group normally identified as the group you need to pass multiple exams to enter group that charges fees for their services group that determines who stays in the group etc Doctors lawyers etcoin relation to their duty have higher duty of care than normal people because they have been trained to a higher standardIf there is an a
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