MCS 3040 Chapter Notes - Chapter 11: Prima Facie, Product Liability

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joe Radocchia

Document Summary

Reasonable care: care that a reasonable person would exhibit in a similar situation. Purpose is to describe general standards or markers that help a court assess the defendant being negligent. If yes proceed: a reasonable person doesn"t have to be perfect, will introduce the reasonable person with specialized training required. Dr, acct, lawyer: will talk to other professionals to determine standards, with high risk, higher care is required. If yes proceed: causation: relationship between defendant"s conduct and the, would the harm have occurred if it weren"t for the defendant"s plaintiff"s loss or injury actions? . Tort law is reluctant to permit recovery for pure economic loss. Economics loss: financial loss from a negligent act where there has been no personal injury damage to the person claiming loss. Voluntary assumption of risk: defense that no liability exists as the plaintiff agreed to accept the risk inherent in the activity. Must have proof of plaintiff knowing all risks.