MGMT 3100 Chapter Notes - Chapter 4: Strict Liability, Qualified Privilege, False Imprisonment
17 Oct 2015
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Document Summary
Compensates victims for harm cause by activities of others. Tort: identifies a set of circumstances that create a right to claim compensation. Initial rules: anyone who cause direct injury to another had to pay compensation: does not consider whether conduct was intentional or unintentional, this is an example of a strict liability: imposed based on causation regardless of fault. Major concepts of tort law: fault of the defendant whether the behaviour was improper, causation of harm whether the injury was the result of the defendant"s conduct. Unjustifiable injurious conduct that intentionally/carelessly disregards interest of others. Deterrent effect: people will be more inclined to be careful if they have to pay for consequences of carelessness. Victim may be overcompensated, esp. when the defendant is a large corporation and its conduct is particularly bad. Standard of care rises as danger increases. Public policy dangerous substances/materials on their land, that accidently escape, is liable for resulting damage.
