POL- Oct1

POL- Oct1 - Next week: Read Andrews vs. Grand and Toy Under...

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Next week: Read Andrews vs. Grand and Toy Under special issues: Matthews vs. Maclaren Is foreseeability enough to establish a case? -Anything is possible, therefore imagining cause and effect is not always realistic -Example: guy gets hit with a cricket ball, sues club for damages. Was this a foreseeable event? Once every three years a ball goes over the fence. Not a busy street. Remote possibility. -When it is probable for an event to occur, then there is a standard of care to be observed. -When it is likely to occur, and there is likely a high severity of the case, then there is a standard. -A test is used to determine likelihood of an event: “The Four Factor Test” 1) Probability 2) Likely severity of injury 3) Cost of avoidance -How much would they have to spend to avoid the injury? 4) Social utility of conduct Case Study -Man blind in one eye was hit with a piece of metal in his “good eye” at work. Sues his employer for not providing safety goggles. In this case, employer was well aware that his employee only had one good eye, so there is a higher standard of care in this case, and it was breached. Causation
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This note was uploaded on 04/04/2009 for the course PHIL 2821 taught by Professor Klimchuk during the Spring '09 term at UWO.

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POL- Oct1 - Next week: Read Andrews vs. Grand and Toy Under...

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