Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Vicarious Liability, Misrepresentation, Contributory Negligence

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

Document Summary

What is negligence: tort of negligence is careless act that causes harm to another. 2 steps to determine whether duty of care is owed: whether case present novel situation or not. Prima facie: at first sight/on first way appearances. Whether defendant should objectively have anticipated that his/her act of omission would cause harm to plaintiff. Whether specific circumstances of parties" relationship are such that defendant under obligation to be mindful of plaintiff"s. Law requires plaintiff to prove each and every step of negligence action: must show that defendant owed duty of care and breached standard of care associated w/ that duty. 2 types of defences contributory negligence and volenti non fit injuria. Contributory negligence: contributory negligence: unreasonable conduct by plaintiff that contributed to injuries that were suffered, recognizes that defendant and plaintiff can be negligent. Negligent misstatement/misrepresentation: negligent misstatement/misrepresentation: incorrect statement made carelessly. Loss doesn"t arise due to physical actions, but due to careless oral/written statements.