Management and Organizational Studies 2275A/B Study Guide - Industrial Revolution, Kapuskasing, Vicarious Liability
Document Summary
Negligence is unintentional because the defendant does not intend to do something harmful. The blame worthiness of the conduct of the defendant is the defendant"s failure to take proper care to not harm others. Generally referred to as the rule in rylands v fletcher ryland filled a reservoir filled up. Fletchers coal mine anyone who accumulates something non-natural on his land is liable . No matter how careful you are to avoid injuring others, if you do the above, you are liable. Motor vehicle accident cases are often viewed in a strict liability manner. Strict liability in the criminal or quasi-criminal (admin) sense: In civil sense liability no matter how careful you are. In criminal sense when charged with certain offences, once the offence has been made out by the crown, the accused person has the onus to show that he or she took responsible care to avoid the injury. If it is established, then no criminal liability.