BUS 233- Final Exam Guide - Comprehensive Notes for the exam ( 47 pages long!)

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Bus 233 ch2 - 2 negligence and professional liability. Involves inadvertent or careless conduct causing injury or loss to another (eg physical injury, property damage, economic loss: duty of care must exist, conduct must fall below standard of care. Behavior that is higher than average, but less than perfect. A benchmark to compare behavior of defendant againsts someone who sets a. Standard of behavior somewhat higher than what would be expected of an average person". Donoghue v. stevenson established test to determine if duty of care is owed (donoghue drank beer with dead snail at bottom of it; sued beer company for negligence) reasonable foreseeability test. Duty of care owed to anyone we can reasonably foresee would be harmed by what we do. Used when a negligence case doesn"t fall within a category of cases, has no precedent. Privity of contract: only parties to contracts should be able to sue to enforce their rights or claim damages as such.

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