Management and Organizational Studies 2275A/B Chapter Notes - Chapter 5: Punitive Damages, Arson, Co-Insurance

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Cristin Keller

Document Summary

Unlike intentional torts, negligence involves inadvertent conduct causing injury or damage to others. Failure of the wrongdoer to live up to the degree of skill or care required in a certain circumstance; failure to act in a careful manner. Court must determine whether the defendant owed a duty of care to the plaintiff. Court uses the reasonable foreseeability test (foreseeable plaintiff test) to determine the existence of such a duty (set out in the donoghue v. stevenson case) We owe a duty of care to anyone whom we can reasonably anticipate may be harmed by our conduct. Reasonable foreseeability test is further described in the english anns case which consists of two parts: Nonfeasance: when a person fails to do something; usually no duty in cases that involve nonfeasance. Except in particular relationships such as a swimmer and a lifeguard or a child and a guardian.