Management and Organizational Studies 2275A/B Chapter Notes - Chapter 5: Lightning, Punitive Damages, Replevin

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: James F Hildebrand

Document Summary

Ex. truck driver is careless when and hits someone on the highway. There are three important factors in this example: the driver has a duty not to injure, there was an act in breach of that duty (hit another car, an injury is suffered as a result of the breach. The duty not to injure: ex. once you hail down a taxi and he/she accepts you as their passenger, they have a duty of safe driving until the end of the trip. Standard of care and breach: breach of standard of care happens when the performance falls below expectation of the injured party had the right to expect. Ex. we want drivers to pay more attention driving when there is ice on the road then when it is clear outside. Strict liability: some activities are so inherently dangerous that people have the right to sue no matter how foreseeable the causation of the injury may be. operation unwillingly.