Class Notes (806,513)
Canada (492,267)
BUS 393 (75)

Bus 393 - Lecture 3

2 Pages
Unlock Document

Simon Fraser University
Business Administration
BUS 393
Colin Hawes

BUS 393 September 24, 2010 Lecture 3 Negligence Colin Hawes Negligence  Negligence: Inadvertent or unintentionally careless conduct causing injury or damage to another (refer page 145, person or his property table 5.1)  Requires:  A duty of care is owed to the plaintiff  “Reasonable Foreseeability” Test, Foreseeable Plaintiff Test: We owe a duty of care to anyone (plaintiff) whom we can reasonably anticipate might be harmed by our conduct; Must be reasonably foreseeable and close in proximity  Policy considerations can negate the duty of care ingredient for negligence (pg. 148)  Breach of the duty; Breach of the standard of care  “Reasonable Person” Test: What would a reasonably prudent (careful) person, with all the facts of the case, have done in this situation?  Average < Reasonable < Perfect  To avoid liability, you must be reasonable in your actions  Res Ipsa Loquitur: The thing speaks for itself; Liability may be established by circumstantial evidence  Prima Facie: On the face of it; Court finds circumstantial evidence that establishes a case, then turns to defendants to produce evidence that they were not negligent  Causation (Act of Causing) and Damage  “But For” Test (Physical Causation): But for the careless conduct, damage would not have been caused  “Remoteness” Test (Legal Causation): Could the type of injury itself be foreseen, if not, then we are not responsible  Damage  Requires some sort of loss to person or property be suffered  Economical loss and mental distress recognized as compensable injuries  Thin Skull Rule: If a person experiences greater injury through our conduct than expected because of a unique physical condition, there is a responsibility to compensate for all consequences of the injury  Crumbling Skull Rule: If the person had a deteriorating condition and would have lost the body part over time anyways, then we are not responsible to compensate him  Defenses:  Last Chance Doctrine: Holds the person who had the last opportunity to avoid the accident,
More Less

Related notes for BUS 393

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.