Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Ginger Beer, Strict Liability, Listeriosis
Document Summary
Tort of negligence is a cares act that causes harm to another. The law understands carelessness as a failure to show reasonable cause (the care a reasonable person would exhibit in a similar situation) Someone who has been injured by dangerous driving of a delivery truck. Someone who has su ered loss based on poor advice by a professional like an accountant. Tort of negligence makes defendant liable for failing to act reasonably. Duty of care is the responsibility owed to avoid carelessness that causes harm to others. Defendant owes a duty of care to anyone who might reasonably be a ected by the defendants conduct. Known as neighbour principle- anyone who might reasonably be a ected by the defendant"s conduct. Donoghue vs. stevenson- decomposed snail found in ginger beer leading to sickness. There was no contractual relationship between manufacturer and consumer. Must ask rst if the situation is novel or not (aka new or not)