Textbook Notes (362,796)
Canada (158,054)
BUS 393 (52)
Chapter 5

Chapter 5 – Negligence, Professional Liability, and Insurance

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Simon Fraser University
Business Administration
BUS 393
Richard Yates

Chapter 5Negligence Professional Liability and InsuranceNegligenceSee Table 51 on p 127 Negligence The Required IngredientsNegligence Its A B C and DNegligenceinadvertent or unintentionally careless conduct causing injury or damage failure to live up to a duty to be careful to someone elseA A Duty to Exercise Care Must ExistReasonable foreseeability testdetermine whether the defendant owed a duty of care to the plaintiff if it were reasonably foreseeable that the conduct complained of would cause harm a duty to be careful existsWe owe a duty to anyone whom we can reasonably anticipate might be harmed by our conductCase Donoghue v Stevensonmust take reasonable care to avoid actsomissions which you can reasonably foresee would injure someone that you ought reasonably to have in contemplation as being so affected by your actionsAnns case two stage test to determine duty 1 If the person thought about it would he have realized that his actions posed a risk of danger2 Was there any reason this duty should not be imposed or be reducedMisfeasancewrongful or unacceptable conductNonfeasancefailure to act usually no duty to act unless particular relationship existsB Breach of the Standard of CareConduct falling below the level expected of a reasonable personReasonable Person Testused to establish standards of socially acceptable behaviorNOT what is expected of an average personexpected to be particularly careful better than averageStandard is affected by the risk of injury and the cost of the required standard of care also the persons level of expertise and age children have lower standards professionals have higher standardsRes ipsa loquitur the thing speaks for itselfwhen negligence can be impliedconcluded from the circumstances plaintiff doesnt need to prove itreplaced by circumstantial evidence methodC and D Causation and DamagesBut For Test Physical Causationdamage must be a direct result of careless conduct but for the conduct complained of no injury would have resultedoIf there were multiple causes conduct must have been a material causeRemoteness Test Legal Causation liability is avoided if injury is too remote or unforeseeable only if nature of injurydamage could have been reasonably anticipated
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