Chapter 5.doc

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Department
Management (MGS)
Course
MGSC30H3
Professor
Ryeback/ Laurence
Semester
Fall

Description
Chapter 5 Negligence and Unintentional TortsTHE CONCEPT OF TORT LIABILITYEarly Concepts Strict LiabilityStrict Liability Responsibility for loss regardless of the circumstances Only deliberate direct injury was open to action and the application of the law was equally directToday any person or business who maintains a potentially dangerous thing on its land may be held strictly liable for any damage it may occasion should it escape even if the landowner takes every precaution to protect others from injuryVicarious LiabilityVicarious liability the liability at law of one person for the acts of otherAt Common Law an employer is considered to be vicariously liable of the torts of the firms employees if the torts are committed by the employees in the course of the businessReasoning because the employers are directing or controlling the employeeNEGLIGENCE AND THE EVOLUTION OF THE DUTY NOT TO INJUREto cover suffered by persons who were not intentionally injured but were injured nevertheless by the actions or inactions of othersProximate Cause and the Duty of CareProximate causecausation a cause of injury directly related to an act of defendantDifficult to determine since it is a matter
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