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

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

Document Summary

Negligence is a careless act that causes harm to another (failure to show reasonable care) Reasonable care the care a reasonable person would exhibit in a similar situation. Duty of care the responsibility owed to avoid carelessness that causes harm to others. Neighbour anyone who might reasonably be affected by the defendant"s conduct. Defendant"s conduct judged according to the standards of behaviour that would be observed by the reasonable person in society. Where the defendant exercises specialized skills, this standard is not applied reasonable person with that specialized training. Remoteness of damage the absence of a sufficiently close relationship between the defendant"s action and the plaintiff"s injury. Thin skull rule the principle that a defendant is liable for the full extend of a plaintiff"s injury even where a prior vulnerability makes the harm more serious than it otherwise might be. 10 provincial legislation comes into play and responsibility will be apportioned between plaintiff and defendant.