Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Reasonable Person, Strict Liability, Contributory Negligence

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The law understands carelessness as a failure to show reasonable care, that is, the care that a reasonable person would have shown in a similar situation. The tort of negligence makes the defendant liable for failing to act responsibly. 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. Stage 1: is there a prima facie duty of care? (at first sight or on first appearances) to answer this you must ask the following: Stage 2: are there residual policy considerations outside the relationship of the parties that may negative the imposition of a duty of care? (e. g. would it be unwise ) The plaintiff is not automatically entitled to recover all of their damages once the court finds the defendant negligent.

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