Chapter 5 .docx - Chelsea Lewis LGLS – Business October 9...

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Chelsea Lewis LGLS – Business October 9, 2018 Chapter 5: Business Torts The law of torts seeks to reimburse an individual who suffers a loss (gets hurt) because of the dangerous or unreasonable conduct of others. Business Tort – involves a civil wrong committed by or against a business entity. For example , a restaurant fails to tell a customer that the item was cooked with peanuts and the patron goes into shock from allergic reaction – thus, them being liable. o Negligence – the most common; it is the failure to do what a reasonable person (average, varies) would do under the circumstances. o Negligent Entrustment – the liability that arises against a person who lends a car to an incompetent driver. It makes the lender responsible for the actions of the driver. - Burden of Proof is on the Plaintiff. - Elements needed : - Duty Owed/Duty of Care – to act as a reasonable person under the circumstances – but duty is not owed in every single case; generally, there is no duty to aid another person unless there’s a special relationship or you caused the harm. - Duty of Children – a child is held to the standard of care of a child of similar age, intelligence and experience, under 18. Age 0-7, a child can do no wrong. Age 7-14, there is a presumption that you’re not negligent, but you can overcome that presumption by showing that that child should know better. Over 14, you can be negligent but still held to the standard of care with child of that age. EXCEPTION – if the child is engaging in adult activity (driving, flying a plane, operating a boat), the child will be held to the standard of care of the average person. - Liability of Parents – parent is not liable unless there is an agency relationship (the child is doing something on behalf of the parent) that exists between the parent and child or the parent is negligent.
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  • Spring '10
  • SamuelHodge
  • Tort Law, duty to rescue

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