Torts.docx

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Department
Management (MGS)
Course
MGSC30H3
Professor
Jeff Rybak
Semester
Summer

Description
MGSC30 TortsStrict Liability Do not require proof of any sort of intentional or careless wrongdoing Defendant was responsible for the situation that injured the plaintiffEx owner is liable for any damage that the animals cause by trespassing on someone elses property General Principles of TortLiability Insuranceo A contract in which an insurance company agrees in exchange for a price to pay damages on behalf of a person who incurs liability o Duty to defend insurance company to pay the expenses that are associated with lawsuits brought against the insured partyo Compensatory function aims to fully compensate people who are wrongfully injured o Plaintiff will not receive full compensation unless the defendant is insuredo Deterrence function discourages people from committing torts by threatening to hold them liable for the losses they case Vicarious Liabilitieso Employer held liable for tort committed by employee o Allow plaintiff to sue both employee and employer who has more moneyo Encourage employers to avoid unusual hazardous activity and hire carefullyo Not liable if an employees tort occurred completely outside of the employment relationshipo Not liable for independent contractoro Full time employee ifEmployer controls what where when how it is doneUses employers equipment and premises Work is paid a regular wage or salary rather than a lump sum at end of projects Worker is integrated into the business and not their own business o Employer can be both vicariously liable and personally liable in the same situation Remedies o Compensatory damagesPut the plaintiff back into the position that the party enjoyed before the tort occurredRemoteness Applies to most torts not intentional tortsJudge ask a reasonable person in the defendants position to compare Mitigation Plaintiff must takes steps to minimize the losses that result from the defendants tort The plaintiff will be denied compensation for losses that they could have reasonably avoidedo Punitive damagesIntended to punish the defendant Exceptional circumstances
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