Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Reasonable Person, Misrepresentation, Contributory Negligence

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

Document Summary

Tort of negligence is a careless act that causes harm to another, and carelessness as a failure to show reasonable care. Reasonable care : the care that a reasonable person would exhibit in a similar situation. Negligence is a very common tort action in the commercial world because it covers broad range of harmful conduct. Who has been injured by a defective product. Who has been injured by the dangerous driving of a delivery truck. The elements of the negligence action set out; The defendant will be liable to plaintiff, if it owes a duty of care. Duty of care : the responsibility owed to avoid carelessness that causes harm to others. Prima facie : at first sight or on first appearances. If the plaintiff can establish foreseeability and proximity, proceeds to stage 2. Is harm that occurred a reasonably foreseeable consequence of defendant"s act.