BU231 Lecture Notes - Lecture 7: Airbag, Incrementalism, Intentional Tort
Document Summary
Insurance: defence to an intentional tort it is not a defence to negligence you cannot consent to an unintentional tort, where the plaintiff consents to the tortious act, then s/he cannot later claim compensation. Damages: three types of damages, special quantifiable. Easily able to calculate i. e. lost wages or a broken fence o general not quantifiable. Tort law- other unintentional torts, negligent misrepresentations & business-related. Ethics and the workplace: difficulties faced by both employees and employers in avoiding unethical behaviour o. We unconsciously lower the bar over time due to change in ethicality: overconfidence bias, people stay to become good at something and then they gain to much confidence. Plaintiff has to prove that because the product was defective, it caused the injury: circumstantial evidence rule. If there is no other reasonable explanation than the manufacturer, then we shift the burden of proof to the defendant (manufacturer) o manufacturer of goods should be responsible to the consumer.
