Management and Organizational Studies 2275A/B Lecture 4: Lecture 4 Oct. 13

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

Lecture 4 Oct. 13 Tort law(intentional, negligence)  Distributed justice  Not criminal law  Civil case  Comes from cases, therefore it changes overtime Purpose: -compensation(primarily) -deterrence(monitor people▯s ▯eha▯iour, sho▯i▯g the▯ the result of the bad behaviour) Negligence -no reasonable person would have done what he did Tort  Fault based  Work▯s ▯o▯pe▯satio▯ is ▯ot ▯ased o▯ fault▯▯o ▯eed to pro▯e fault, get compensation anyway) Why do not use tort law in workplace  Bargaining power  May not be anyo▯e ▯s fault▯▯ay it▯s ▯ot e▯ployer▯s fault▯ st Ex. You have the job on May 1 , however get car accident in April. You will get 0 compensation because you current income is 0 Vicarious liability -employers are legally responsible for the wrongful acts of their employees Why? -you are responsible for training -get rewards when they do the things right, so they have to be responsible for things going wrong Intentional torts(Intention: is not the intention to harm somebody, it is the intention to do the wrong thing)  Trespass▯i▯te▯tio▯ally e▯ter the plai▯tiff▯s la▯d▯  Nuisance  Assault, Battery  Conversion  Defamation(is about untrue statement)  Conspiracy (enter into a contract that it is illegal)  Fraud(getting something by lying)  False imprisonment  Restraint them without lawful excuse  Malicious prosecution Trespassing -If so▯eo▯e gi▯e you the ▯ro▯g dire▯tio▯ to so▯eo▯e▯s la▯d, you are trespassi▯g Perse: by it self -You can sue someone for trespassing even though you have no damage Plainti
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