Management and Organizational Studies 2275A/B Chapter Notes - Chapter 5: Ginger Beer, Contributory Negligence, Intentional Tort

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

Document Summary

There has to be an injury or loss, with the exception of trespass (actionable per se) Deliberate/willful act took action, move their body in the certain way even if they never intended to hurt somebody. After plaintiff proves elements of tort, the defendant will then have to put forth any defenses can be disproving the elements of the tort. Inadvertent, careless conduct that causes injury to another. A: a duty to exercise care- plaintiff proves that defendant owes him/her a duty to be careful. B: breach of the standard of care prove that defendant fell below the level of care. C: causation the act caused the injury. D: damages- victim suffered a loss (not actionable per se) Then defendant will try to attack all of these. If a plaintiff is not able to convince the judge for any one of these, there will not be a case. Donoghue v. stevenson (manufacturer of the ginger beer)