Management and Organizational Studies 2275A/B Lecture Notes - Lecture 4: Contributory Negligence, Making False Statements, Vicarious Liability

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

Document Summary

About redistributing wealth from one group to another (giving it to those who suffer from harm of bad things) Say it"s a (cid:272)o(cid:373)pe(cid:374)satio(cid:374) syste(cid:373) (cid:271)ased o(cid:374) fault: deterrence. Tort law is not criminal law: although often confused, sound similar, same set of facts can give rise to both. Comes from cases: all about common law, look to common law, base judge based on precedence. Therefore, changes over time: b/c what happens with precedence, where did it start and come from, started with two torts. Now have nuisance, defamation (both liable and slander), conversion, etc. As long as u can fit case in precedent then u have a good chance of being successful. What is common to these torts is intention. Is a compensation scheme which is based on fault: prove another"s fault, not all compensation mechanisms that aren"t based on fault. De po(cid:272)kets theory of justi(cid:272)e: if do(cid:374)"t hold e(cid:373)ployer respo(cid:374)si(cid:271)le the(cid:374) (cid:374)ot goi(cid:374)g to get remedy.