MOS 2275 Week 5 Lecture Notes

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Desmond Mc Keon
Semester
Fall

Description
Law on Compensation  Law on compensation for damages or injuries  Fault insurance based system: o Previously used. o Extremely difficult if someone is at fault in an accident o Incredibly inefficient because of the amount of money, time, and energy needed. So much of the money that should have gone to victims went to lawyers. o Gave insurance companies enormous advantage over their clients.  No-fault insurance based system: o If you have an injury, you are paid.  For catastrophic injuries, there are thresholds, but they are set extremely high o Companies remain happy because they were allowed to raise rates. o Lawyers not happy. o Consumers, depend:  Formula: Future lost income is a multiple of current income  For most people, who fit into the formula, it is great.  For others, outside the formula (students who do not have work yet, but will start to work in a few months), it is not!  In an employee – employer relationship, it is similar o It is extremely difficult for an employee to sue their (ex) employer o If the company is not directly in fault, it is not possible to get enough compensation. o For such reasons, it is based on no fault. Tort Law  Based on fault – one party must prove that the other has fault.  Based on precedent.  Negligible tort: Tort law that provides compensation despite lack of fault  Licarious liability: An employer is legally responsible for torts committed by their employee o The employer could have prevented the situation somehow o The employee probably is not able to provide meaningful compensation o The employer is the one making the profits  Economically, tort law has modified economic behaviour to spread costs o When I go to a bar and pay for $5 dollars for a drink instead of going to a liquor store, part that money is spent to make sure that I don’t get thrown out by a bouncer.  Tort law is separate from criminal law. One may be successful and another may not. Divisions of Tort  Intentional o For the plaintiff to be successful, he must successfully prove that the defendant was intentional. o Not the intention to cause harm. The intention to do the thing that caused the harm.  Ex. A friend pushing me onto someone’s property – no intention  Ex. Getting lost and somehow getting onto someone’s property – intention o Burden of proof falls on the plaintiff. However, when the plaintiff p
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