MGMT-2007EL Chapter Notes - Chapter 5: Vicarious Liability, Eggshell Skull, Misfeasance
16 Sep 2018
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Chapter 5 negligen(cid:272)e, professional lia(cid:271)ility & insuran(cid:272)e. Negligence an unintentional, careless act or omission that causes injury to another person or their property. Four required elements or ingredients must be established by the plaintiff to succeed in a negligence action: A: a duty to exercise care must exist. Negligence involves a failure on someone"s part to live up to a duty to be careful to someone else, but we do not have a duty to everyone. The court must determine whether the defendant owed a duty of care to the plaintiff. Duty an obligation to live up to a reasonable standard. Duty of care an obligation to take steps to avoid foreseeable harm. The anns case created a two-stage test for determining the existence of a duty of care: reasonable foreseeability test. The reasonable foreseeability test determines whether a duty of care is owed, and is based on the following. The injury to the plaintiff was reasonably foreseeable.
