Chapter 11 - CHAPTER11 THETORTOFNEGLIGENCE Objectives ,

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C HAPTER 11 T HE T ORT OF N EGLIGENCE Objectives After studying this chapter, you should have an understanding of: the conduct that the law of negligence addresses the principles of the law of negligence the defences in a negligence action the common kinds of negligence actions businesses face Learning Outcomes Recognize negligent conduct (pages 241) Understand the basic principles of negligence law (page 242) Understand the four steps in a negligence action (pages 242) Understand the possible defences in a negligence action (pages 248) Recognize common negligence actions in business (pages 251– 252) Chapter Summary A person’s actions can sometimes cause injury to another, even where there was no intention of causing harm. However, a person is not legally responsible for every careless action that causes harm. The injured victim must establish that the wrongdoer was negligent by proving that the wrongdoer owed the victim a duty of care and that the wrongdoer breached the standard care. In addition, the victim must prove that the wrongdoer’s actions caused damage and that the damage was not too remote. The wrongdoer can raise the defences of contributory negligence and voluntary assumption of risk. The defence of voluntary assumption of risk rarely succeeds. However, it is no defence for the wrongdoer to claim that he did not mean to cause the harm. Negligence actions always deal with situations where the wrongdoer did not mean to harm anyone but his careless actions nevertheless injured someone. Businesses need to be especially vigilant in their risk assessment in the area of negligence. Product liability places responsibility on manufacturers for defective goods that harm customers. Those who offer business advice need to be aware of their responsibility for negligent misstatements. © 2008 BY N ELSON , A D IVISION OF T HOMSON L TD .
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PART 3: BUSINESS TORTS Study Outline Use this outline to prepare a complete set of notes for this chapter. What is Negligence? – page 241 _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Steps to Negligence Action – page 242 _______________________________________________________________________ _______________________________________________________________________ Does the defendant owe the plaintiff a duty of care?______________________________ _______________________________________________________________________ Are the parties neighbours?______________________________________________ Are there considerations that should limit or eliminate the duty?_________________ _______________________________________________________________________ Did the defendant breach the standard of care?__________________________________ _______________________________________________________________________ _______________________________________________________________________ Did the defendant behave as a reasonable person? ____________________________ _______________________________________________________________________ Did the defendant’s careless act (or omission) cause the plaintiff’s damage?___________ _______________________________________________________________________ Was the damage suffered by the plaintiff too remote?____________________________ _______________________________________________________________________ Thin skull rule________________________________________________________ Pure economic loss_____________________________________________________ Negligent Mistatement – page 248 _______________________________________________________________________ _______________________________________________________________________ Contributory negligence____________________________________________________ _______________________________________________________________________ Voluntary assumption of risk________________________________________________ _______________________________________________________________________ _______________________________________________________________________ © 2008 BY N ELSON , A D IVISION OF T HOMSON L TD . 11-2
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CHAPTER 11: THE TORT OF NEGLIGENCE Product liability__________________________________________________________ _______________________________________________________________________ Strict liability_________________________________________________________ Negligent Misstatement____________________________________________________ _______________________________________________________________________ SELF-ASSESSMENT Key Terms Briefly define each term in the space provided.
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