Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Product Liability, Vicarious Liability, Contributory Negligence
17 Oct 2013
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Document Summary
Like tort law in general, seeks to compensate victims for their losses or injury. Compensation is provided after applying rules that determine who is liable to compensate, on what basis, and for how much: courts must balance to compensate victims of negligence, but without discouraging legitimate activity. Its purpose is to describe general standards that help the court assess the defendant. Duty of care: the responsibility owed to avoid carelessness that cause harm to others. A defendant owes duty to care to anybody who is affected by their conduct (neighbour"s principle) Since donoghue v stevenson, courts have refined testing on whether a duty of care is owed. Considers whether the defendant should have objectively have anticipated that the their action or omission would cause harm to the plaintiff. Considers whether the specific circumstances of the parties" relationship are such that the defendant is under an obligation to be mindful of the plaintiff"s interests.
