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Midterm

MGSC30H3 Study Guide - Midterm Guide: Fiduciary, Contributory Negligence, Strict Liability


Department
Management (MGS)
Course Code
MGSC30H3
Professor
J.Rybak
Study Guide
Midterm

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FINAL EXAM NOTES
Torts
- 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
- No Fault Schemes
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
1. Duty of Care:
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
2. Standard of Care:
Is there a sufficiently close relationship between the parties so that in the reasonable contemplation of the
defendant carelessness on its part might cause damage to the plaintiff?
(Duty may extend beyond the person directly injured family members, spouse or spouse to be)
3. Causation:
Plaintiff must be injured as a result of the breach of duty if care owed (Breach must cause injury)
(If there are intervening causes that law apportions fault to both defendants if both have harmed the plaintiff)
- Extent of damages
- If A is liable in negligence to B, B is liable for all direct damages (damages that flow from breach without
intervening cause), even damages that could not be expected
- Thin skull victim suffers extensive injuries from a small accident (take you victims as they come)
- Economic Loss
- Law compensates for economic loss if there is physical injury to persons or property
- “Pure loss” (loss without injury to property or person) can be recovered – loss resulting from inability to use
damaged property or need to repair property is recoverable, IF there is a sufficiently lose relationship between
the property damage and the person suffering the economic loss as a result of that damage
- Burden of Proof
- Plaintiff needs to prove causation
Sometimes plaintiff may not be able to demonstrate how the harm occurred so they must please “res ipsa
loquitur” (the thing speaks for itself) based on the idea that the most likely cause of the plaintiff’s injury is
the negligence of the defendant

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- Defendant must prove that they were not at fault, or owed no duty to the plaintiff, or the damage was too
remote
- Contributory Negligence and the Apportionment of Loss
- Courts will apportion the fault and reduce the amount of the loss in proportion to the plaintiff’s fault
- If the plaintiff’s subsequent action aggravate the loss, the amount of recovery will be lower
- Products Liability Liability of manufacturers for injury or loss arising from defects in products
- Defective individual item (product)or
- Defective design
1. Duty of Care:
Products liability extends duty of care by the manufacturer to all those use products are injured as a result
Manufacturer must prove that the cause of defect is not something for which it should be liable (IE: product
caused an injury that was no foreseeable (one that is not normally associated with the product)
2. Standard of Care:
Manufacturer must prove that they took all reasonable precautions to prevent the defective product from
reaching customer
3. Causation:
The customers must prove that the product cause harm
4. Duty to Warn: ***
- If there are dangers, the manufacturer must warn of them
- Manufacturer must warn even after the fact
- If the duty to warn is the ground of the suit, plaintiff must show the she would not have used the product after
warning
- Strict Liability on the Manufacturer
- If the manufacturer can, under the present state of technology, be aware of the defect, the manufacturer will be
liable for damage from that defect
- If the product can be produced at all in a manner that eliminates the defect, the manufacturer is liable for the
defect
- Occupier’s Liability
- Duty of owner or occupier of land to visitors
- Owner or occupier must not be negligent concerning dangers on property (keep premise safe)
- Duty applies to trespassers the duty is generally not to harm the trespassers or be reckless in doing something
that might harm the trespasser
Other Torts
- Private Nuisance right of occupier to enjoy land free from interferences (fumes, noise, contaminant in soil or
water) (only for land owners)
Remedy: Can sue to get them to stop doing what they’re doing
- False Imprisonment unlawfully constraining or confining a person
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