Management and Organizational Studies 2275A/B Chapter Notes - Chapter 11: Prima Facie, Ginger Beer, Product 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, carelessness = failure to show reasonable care. Duty of care: responsibility owed to avoid carelessness that harms others. Neighbour: anyone who might reasonably be affected by the defendant"s conduct (lord atkin in donoghue v stevenson love thy neighbour = you must not injure your neighbour) Donoughue foundation of modern negligence law (snail in ginger beer) Prima facie: at first sight or on first appearances. Reasonable foreseeability: the harm that occurred was reasonably foreseeable consequence of the defendant"s act, objectively coulda been anticipated. Proximity: relationship of sufficient proximity between the parties such that it would not be unjust or unfair to impose a duty of care on the defendant. Determine whether imposing a duty in these circumstances would be unfair bc it would extend liability too far. E. g. consumer sick from contaminated meat is reasonably foreseen consequence of meat company"s negligence.