ADMN 3250H Chapter Notes - Chapter 5: Replevin, Lightning, Contributory Negligence

• School: Trent University
• Department: Business Administration
• Course: ADMN 3250H
• Professor: Mark Thomas

Document Summary

Four steps required to establish negligence: duty, breach of duty, causation, damage. A business maintaining a potentially dangerous thing on its land may be held strictly liable for any damage it may cause: even if landowner takes every precaution to protect others from injury. Occupier"s liability was that resulted in the loss, courts use res ipsa loquitur: they look at the circumstantial evidence to determine who is at fault, res ipsa loquitur (cid:498)the thing speaks for itself. (cid:499) Manufacturer"s liability (cid:523)product liability(cid:524: under the law of contract, the seller of goods provides that the goods sold are of merchantable quality and reasonably fit for the use intended. Nuisance: nuisance interference with the enjoyment of real property or, in some cases, material interference with a person"s physical comfort property produces for that person"s neighbour or community. Injunction an equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts.