RSM225 Fall 2019 Sahni Class 5 Lecture Outline.pdf - RSM225 Legal Environment of Business CLASS 5 TORT LAW(Part 1 Raj Sahni This is an outline only

RSM225 Fall 2019 Sahni Class 5 Lecture Outline.pdf - RSM225...

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1 CLASS 5: TORT LAW (Part 1) Raj Sahni This is an outline only. Students are responsible for all assigned reading and lecture content. Copyright ©2019. R.S. Sahni. All Rights Reserved. RSM225 Legal Environment of Business 1. Torts Tort law: Law governing compensation of a victim for harm suffered as a result of a wrongful act of another person (tortfeasor) where the wrongful act is not governed by contract Damages: typical remedy in tort - purpose of damages in tort law is to compensate the victim to put victim back in the same position he/she would have been in had the tort never occurred Fault: Tort law tries to establish fault – i.e. whose fault was the accident? Who should have to bear the “costs” of the accident – the victim, the tortfeasor, a combination of both? 2. Negligence Negligence: failure by a tortfeasor to meet the required standard of care, resulting in injury or damage to a person or property (i.e. legal test for "carelessness") 4 Essential Elements to a Negligence Action: (i) Duty: The plaintiff must show that the defendant owed the plaintiff a duty of care (ii) Breach of Standard of Care: The defendant failed to meet the required standard of care (iii) Damages: The plaintiff suffered an jury/damages (iv) Causation: The plaintiff's injury/damages were caused by the defendant's breach of the standard of care
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2 3. Duty of Care The plaintiff must show that the defendant owed the plaintiff a duty of care The defendant owes a duty to all persons whom it can reasonably foresee might be harmed by the defendant's actions The people to whom a duty is owed will vary depending upon the activity of the tortfeasor 4. Breach of Standard of Care The defendant must take reasonable steps to avoid causing injury to a person or property Standard of Care is the standard expected of an ordinary reasonable person – it is an objective
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