Management and Organizational Studies 2275A/B Chapter Notes - Chapter 5: Strict Liability, Reasonable Person, Microsoft Onenote

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

Document Summary

There is an act or omission in breach of that duty. An injury is suffered as direct result of that breach. Duty of care: the duty to not injure another person. Duty exists when there is a legal right. Breach of the duty occurs when the performance rendered falls below that which the injured party has a right to expect. Reasonable person: a standard of care used to measure acts of negligence. Someone of average intelligence who will exercise reasonable care. Expected standard of care may be increased when the person owing the duty hold themselves out to a professional skill. If there is no damage than no liability. When damage wasn"t not capable of being foreseen by a reasonable person then there is no liability. Causation/proximate cause: a cause of injury directly related to an act of a defendant. Doesn"t mean that someone has to answer for every careless act.