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Commerce (379)
COMM 393 (60)


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COMM 393
Barbara Cox

OBLIGATIONS BEYOND A Negligence Contributory Negligence and CONTRACTVicarious LiabilityEdition 2287313WALDICK V MALCOLM CB 186HOLLIS V DOW CORNING CB 183MORSI V FERMAR PAVING CB 177OBLIGATIONS BEYOND A Negligent MisstatementCONTRACT CONTDEdition 2316335RANGEN V DELOITTETOUCHE CB 188HERCULES MANAGEMENT LTD V ERNSTYOUNG CB 196Fiduciary DutyHODGKINSON V SIMMS CB 199AgencyEdition 2341356PEMBERTON BENCHLANDS HOUSING CORP V SABRE TRANSPORT CB 205Chapter 13 The Law of Torts The Scope of Tort Lawpurpose is to compensate victims for harm caused by others apportions loss tort a wrongful act causing harm to the person or property of another are private matters between individualsbrought by plaintiff against defendant is a social wrong other than crime or breach of contractcivil wrong for which victim may claim compensation Development of Tort Concept strict liability liability that is imposed based upon causation regardless of fault idea developed that person should not be responsible for harm caused to another if he acted without fault courts began considering the way harm had arisen if injury was direct indirect or consequential early tort law took into account the fault of the defendantcausation whether defendants conduct caused the harm Basis For LiabilityFault unjustifiable injurious conduct that intentionally or carelessly disregards the interests of otherspeople will be more inclined to be careful if they must pay for consequences of carelessnessmany activities triggering tort liability are covered by insurancea claim will increase premiums make more difficult to obtain Strict Liabilityresponsible for harm caused regardless of whether at fault or not as long as harm is causedblame is attachedoften set out in statutes
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