BUS 238 Lecture Notes - Lecture 3: Reasonable Person, Fiduciary, Liability Insurance

• School: Simon Fraser University
• Department: Business Administration
• Course: BUS 238
• Professor: Shafik Bhalloo

Document Summary

10% of tort are intentional; 90% are negligence. Conduct must fall below standard of care. Behaviour that is higher than average, but less than perfect. Duty of care: reasonable foreseeability test what we do. Duty of care owed to anyone we can reasonably foresee would be harmed by. Donoghue v. stevenson established test to determine if duty of care is owed. Snail in a ginger beer bottle case - 2 ladies went for coffee together. Lady a and her friend sat down and order the drinks. Lady a ordered ginger beer with an ice cream float. Lady a was gross out by it and have a stomachache (with a fancy name). It was foreseeable for the ginger beer manufacturer, if they did not do proper care during production, the beer will be contaminated and thus they are held responsible and can be sued by the customer. Anns case led to two-stage test - .