COMMERCE 4SD3 Study Guide - Final Guide: Contributory Negligence, Alternative Dispute Resolution, Small Claims Court
5 Jun 2017
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Alternative dispute resolution (adr: resolves disputes without the court, motivated by costs, average cost 19,000 (vs. 100,000 for court, 2 forms, mediation, arbitration, binding. 20,000: intervening negligence, negligence happening after the fact, car runs red light, person gets out, car rolls away, leg injured trying to stop it. Negligence (only unintentional: most frequently alleged tort, accidental harm (not intentional, standard of care, reasonable person, not liable if you were acting reasonably. 8: m w r c, manufacturer is in preferred position of inspection, has to be very careful, negligent statements, hedley byrne case (p. 7, defendant negligently passed info to 3rd party, defendant was liable. Lawsuit : occupiers liability, duty of occupier of land towards guests. Other torts: only negligence has to be accidental, rest are either intentional or it can be either. Deceit: deliberate lie with intent they will rely on information (intent to mislead, usually in context of fraudulent contracts. Trespass: intention doesn"t matter, preservation of land laws.
