Textbook Notes (368,837)
Canada (162,194)
MGSC30H3 (57)
H Laurence (33)
Chapter 5

Chapter 5 Notes

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Management (MGS)
H Laurence

Chapter 5 Negligence and Unintentional Torts NotesThe Concept of Tort Liability Vicarious Liability y an employer is usually considered to be vicariously liable for the torts of the firms employees provided that the torts are committed by the employees in the course of the employers business y the reasoning of the courts on this rule is that employees may not have the financial means to compensate for the damage they might cause but their employers probably would if only through insurance coverage y additionally because the employees tort is committed during the course of the employers business the employer should have some responsibility for the loss as he or she is presumably directing or controlling the employee at the time Negligence and the Evolution of the Duty Not To Injure Proximate Cause Causation and the Duty of Care The But For Test in Causation y the test is general in nature and asks the question but for the defendants actions would the injury or damage not have occurred y an affirmative answer to the question would identify the defendants actions as a cause of the injury or damage y as an element of tort liability the duty not to injure must be more than simply a moral obligationit must be a duty that the person causing the injury owes to the injured party which is sometimes referred to as the rightduty relationship in tort law y much of the law relating to negligence is based upon the concept of duty of care to this end the courts have extended their investigation of the circumstances surrounding a tort by attempting to determine foreseeability of the defendants actions Determining Negligence y in the determination of liability the essential ingredients are that 1 the defendant owes the plaintiff a duty not to injure 2 the defendants actions constitute a breach of that duty 3 the plaintiff suffers some injury as a direct result of the defendants actions General Tort Defences Contributory Negligence and Volenti Non Fit Injuria y the voluntary assumption of risk volenti non fit injuria has remained as a valid defence when a defendant is able to satisfy the court that the plaintiff voluntarily assumed the risk of the injury that occurred Waiver y the defence of waiver may be raised by a defendant if the defendant can satisfy the court that the injured party specifically renounced or waived his or her right to claim against the defendant for the particular injury that did occur y waivers are usually in writing and to be effective must cover the injury contemplated by the parties at the timeTort RemediesCompensatory Damages y torts that cause physical injury to persons are often
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