Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Misrepresentation, Vicarious Liability, Contributory Negligence
14 Oct 2016
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Negligence careless act that causes harm to another. The law understands that carelessness as a failure to show reasonable care: reasonable care the care that reasonable person would exhibit in a similar situation. Defendant is liable for failing to act reasonable. Negligent law seeks to compensate victims for their loss or injury: it provides this compensation after applying rules that determine who is liable to compensate another, on what basis, and for how much. Duty of care the responsibility owed to avoid carelessness that causes harm to others. A defendant owes a duty of care to anyone who might be affected: neighbour anyone who might be reasonably affected by the defendant"s conduct. Courts have to continue to refine the test for whether a duty of care is owed: a court must first ask whether the case at bar presents a novel situation or not.
