COMMERCE 4SD3 Chapter 4: Chapter 4 Reading and Notes
Document Summary
Fault unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others. Most but not all tort liability is based upon fault. Strict liability liability that is imposed based upon causation regardless of fault. Example: a person who collects potentially dangerous substances or materials on his land, which accidentally escapes, is liable for any resulting damage even if he is blameless. Vicarious liability the liability of an employer to compensate for torts committed by an employee during his or her employment. Two public policy reasons for taking this approach. Although an employee is personally liable for the torts he commits while acting for himself, or his employer, employees often have limited assets available to pay compensation for the potential harm they can cause. It seems only fair that the person who makes the profit from an activity should also be liable for any loss. Intentional torts the activity or conduct is done deliberately.