Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Ginger Beer, Reasonable Person, Vicarious Liability

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

Document Summary

Negligence careless act that causes harm to another. Reasonable care care a reasonable person would exhibit in a similar situation. Duty of care responsibility owed to avoid carelessness that causes harm to others. Neighbor principle defendant owes duty of care to anyone who might reasonably be affected by defendant"s conduct. Donoghue bought ginger beer and found a decomposed snail in it (and got sick) In 20th century, manufacturer"s duty of care limited to those who had a contractual agreement with them. Reasonable person standard used to judge whether conduct in a certain situation is negligent. If the defendant has specialized skills, standard of reasonable person doesn"t apply. Ex. doctors/lawyers must meet standard of a reasonable person with specialized training. If activity/product poses high risk, law imposes a higher standard of care (encourage competence) Causation relationship that exists between defendant"s conduct and plaintiff"s loss/injury. Remoteness of damage absence of a sufficiently close relationship between defendant"s action and plaintiff"s injury.