MCS 3040 Chapter Notes - Chapter 11: Vicarious Liability, Misrepresentation, Contributory Negligence

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joseph Radocchia

Document Summary

Tort of negligence is a careless act that causes harm to another/ failure to show reasonable care. Reasonable care: the care a reasonable person would exhibit in a similar way. The tort law of negligence makes the defendant liable for failing to act reasonably eg. driving to fast, unprofessional advice etc. Negligence law like tort law seeks to compensate victims for their loss or injury. Neighbor: anyone who might reasonably be affected by another"s conduct. Duty of care: the responsibility owed to avoid carelessness that causes harm to others. A court must 1st ask whether the case at bar presents a novel situation or not. If the case is comparable to an already-decided case in which duty of care was recognized, stage 1 can be skipped and the plaintiff can proceed directly to the 2nd stage. If the case issue is novel, court is required to assess the issue of duty. Prima facie: at first sight or on first appearances.