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

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

Document Summary

The law of negligence: what is negligence, arises where one party (defendant) has a duty to exercise care in regard to someone else (plaintiff). And commits a careless act that causes harm to another by failing to show reasonable care. However, the plaintiff has suffered an injury that is closely tied to the (cid:272)ulpa(cid:271)le (cid:373)a(cid:374)ufa(cid:272)tu(cid:396)e(cid:396). The (cid:272)ou(cid:396)t(cid:859)s a(cid:396)ti(cid:272)ulatio(cid:374) of the (cid:374)eigh(cid:271)ou(cid:396) principle therefore resonates very clearly on these facts. Most students will agree that the manufacturer should be liable to end users as this encourages manufacturers to take reasonable care in the production of goods. Placing liability on the manufacturer also has the benefit of being direct and helping to ensure recovery. Before donoghue, the plaintiff would presumably sue the retailer for breach of contract and the retailer, in turn, would sue the manufacturer or supplier for breach of contract. On this basis, the manufacturer would pay for its negligence but in a circuitous way.