HESA 6361 Chapter Notes - Chapter 5: Res Ipsa Loquitur, Strict Liability, Equitable Remedy

• School: Dalhousie University
• Department: Health Administration
• Course: HESA 6361
• Professor: Schwartz

Document Summary

Duty of care duty not to injure another person. Reasonable person a standard of care used to measure acts of negligence. There can be damage for which there is no liability; when the damage was not reasonably capable of being foreseen by a reasonable person. Causatio(cid:374) or (cid:858)pro(cid:454)i(cid:373)ate (cid:272)ause(cid:859) a cause of injury directly related to an act of a defendant: (cid:862)but for test(cid:863) Strict liability responsibility for loss regardless of the circumstances. Vicarious liability the liability at law of one person for the acts of another: e. g. Hospital may be liable for the actions of their employed physician: must be committed by the employee in the course of the e(cid:373)plo(cid:455)er(cid:859)s (cid:271)usi(cid:374)ess. Res ipsa loquitur (cid:862)the thi(cid:374)g speaks for itself(cid:863) Te(cid:448)e(cid:374)so(cid:374) issue of the responsibility of manufacturers was established (precedence) Injunction equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts. Voluntary assumption of risk (volenti non fit injuria) valid defence.