Management and Organizational Studies 2275A/B Study Guide - Eggshell Skull, Misrepresentation, Contributory Negligence

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Henry Meredith

Document Summary

Donaghue v stevenson is the foundation of modern negligence law. Negligence law is an inherently flexible, growing legal area. It seeks to provide a remedy to the plaintiff who has suffered a loss or injury due to the culpable though unintentional conduct of the defendant. The four steps to a negligence action describe general standards or markers that help a court assess whether the defendant in any given case has been negligent. One of the most common defences to a negligence claim is that of contributory negligence. The plaintiff"s damages award will be reduced in proportion to his or her own culpability in causing the loss. A less common defence is to allege that the plaintiff voluntarily assumed the risk. Negligent misstatement or negligent misrepresentation holds the defendant responsible for negligence taking written or oral form. Professionals are more likely to commit this kind of tort.