MGSC30H3 Study Guide - Final Guide: Res Ipsa Loquitur, Strict Liability, Contributory Negligence
Document Summary
Fault conduct that intentionally or carelessly disregards interests of others. Requires person harmed to prove the fault of the person who caused the harm. Strict liability does not require fault. If a causes harm to b, a may be strictly liable, even if a was not trying to harm b or careless. Ontario automobile insurance: driving considered a sufficient social good that the inevitable harm it will cause should be compensated without fault but compensation is limited. Worker"s compensations: industrial accidents are compensated without employer fault, even if employees are careless. Vicarious liability employers are vicariously liable for harm caused by employees in the course of employment. Negligence a causes injury to b through a careless act. A has duty of care to b if a could reasonably have foreseen that a"s conduct could cause harm and that b would suffer that harm.
