Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Strict Liability, Reasonable Person, Vicarious Liability
15 Jan 2018
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Establishing a negligence action: the rules that govern when a plaintiff will succeed in a negligence action. **only move onto the next question if the answer to that one is yes Duty of care: the responsibility owed to avoid carelessness that. Does the defendant owe the plaintiff a duty of care? causes harm to others. Asks t determine whether imposing a duty in these kinds of circumstanced would be wise or unwise. Necessary to determine whether there are any more general considerations that should eliminate or reduce the duty: when a court is analyzing negligence- they look to precedent: If precedent is established, they skip right to stage 2. If no precedent, first ask stage 1: defendant"s conduct is judged according to the standards of behaviour. Professionals must meet a higher standard than the reasonable person: if the activity or product poses a higher risk, a higher standard of care applied.
