ADMS 2610 Chapter Notes -Res Ipsa Loquitur, Vicarious Liability, Strict Liability

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redserval588

29 Mar 2022

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

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Document Summary

Negligence (1) someone owes a duty not to injure (2) there is an act or omission in breach of that duty (3) an injury is suffered as a reasonably foreseeable result of that breach. Duty of care: the duty not to injure another person, exists when a legal right exists, when we have engaged someone to serve us (such as a roofing firm) Reasonable person: a standard of care used to measure acts of negligence. May be increased when person owing duty hold themselves to have special or professional skills. Breach of the standard of care occurs when performance rendered falls below what is expected. Causation or proximate cause: a cause of injury directly related to an act of a defendant. Any break in the chain of events running from the defendant"s act to the plaintiff"s injury will normally defeat the plaintiff"s claim that the proximate cause was the defendant"s act. Strict liability: responsibility for loss regardless of the circumstances.

Related Questions

In general, the injurer's precaution responds to court errors in setting the legal standard under a negligence rule. Is this state-ment true for all forms of the negligence rule, or only for the simple negligence rule?

orangebat987

Which of the following is a true statement?
a. The breach of duty element in the test for negligence liabilityin the U.S. is governed predominantly by the reasonable personstandard.
b. The doctrine of res ipsa loquitur can apply if an event causingthe harm normally does not occur in the absence ofnegligence.
c. A battery occurs only if the victim suffers actual seriousphysical harm, that is, the victim is âbattered.â
d. One may be able to recover damages for emotional distress in atort lawsuit for negligence.

Which of the following is a true statement?
a. A legitimate business reason for a neutral employment practicethat has a disproportionate effect or adverse impact on minoritiesmay allow the employer in the U.S. to avoid legal liability fordiscrimination.
b. Under the U.S. Americans with Disabilities Act of 1990, disabledjob applicants are not entitled to âreasonable accommodationâ inemployment since that surely would cost employers some money.
c. Title VII of the Civil Rights Act does not cover or reachemployeesâ conduct in the online or âvirtualâ worlds.
d. An employer is not liable for Title VII Civil Rights Actsviolations committed by its lower level employees, only by itsmanagers and supervisors since the latter âshould knowbetter.â

5) Property purchased using partnership funds but acquired inthe name of an individual partner is nonetheless the partnership'sproperty. True or False

True

False

6) Once an LLC register's it's name in a particular state, thatname is protected throughout the United States. True or False

True

False

7) An accountant faces potential liability under The InternalRevenue Code and securities laws, but not under the common law.True or False

True

False

8) When determining the negligence of an accountant, thestandard of care required is "The Reasonable Person" standard. Trueor False

True

False

9) An accountant may avoid liability under the SecuritiesExchange Act if the accountant can prove a false or misleadingstatement was made in good faith. True or False

True

False

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ADMS 2610 Chapter Notes -Res Ipsa Loquitur, Vicarious Liability, Strict Liability

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