LAW 122 Lecture Notes - Lecture 4: Donoghue V Stevenson, Hindsight Bias, Intentional Tort
Document Summary
Intentional tort: you don"t have to intend to commit the tort but your conduct has to be intentional. Torts can impact private individuals as well as businesses. Negligence: means carelessness - the carelessness of the defendant has caused harm to the plaintiff. Negligence can occur in a number of different scenarios. It can occur between an individual who may not know the other person ex. You go to buy a product, it"s not made carefully, you injure yourself using the product. Risk management is key - ex. put up signs etc. Elements of negligence: there are 3 elements. This means that anytime there is an action for negligence, the plaintiff will have to demonstrate the 3 elements. Was it reasonably foreseeable that the plaintiff would be harmed by the defendant. It is important to appreciate the difference between an object of standard and subject of standard.
