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Class_6-_AFM_231posted - AFM 231 Tort Law- Negligence and...

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AFM 231 Tort Law- Negligence and other Torts, Professional Services
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Discussion Points Negligence Review of test Defences and related matters Other Torts Professional Services What is a professional Professional obligations- ethical & legal
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Tort Law- Damages Exceptions to compensatory damages Punitive damages Aggravated damages Relationship of contract and tort law Out of one event, may get both tort and criminal consequences Differences?: Who brings the action How do you prove the case What is the outcome
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Negligence- Test A duty of care is owed Forseeable Policy considerations Standard of care is breached Reasonable person Breach of standard of care caused harm “But for” Damages are not too remote Foreseeability (again)
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Negligence- Remoteness You can use an alternate phrasing: is the damage foreseeable? Thin skull rule – understand it as a rule that was created to address a perceived social need. Who should win? The very vulnerable. Pure economic loss. e.g. if the loss of use of the car leads to loss of a particular work contract. Generally no (with limited exception).
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Q. 2 P. 262 M invites co-workers over after work S drank a great deal including some drinking games M planned After the last game S drove herself home S has serious accident and she now wants to sue M
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Negligence- Defences Always challenge proof of the legal elements of negligence wherever plausible Contributory negligence: what is it? After, “I wasn’t negligent for one or more of the four reasons required in the test”, this is the most common defence. Seldom one cause. Voluntary assumption of risk. Very rare. Most often in what kind of cases?
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Negligence- Related Concepts There are some causes of action that bear a significant relationship to the common law tort of negligence Negligent Misrepresentation Occupier’s Liability Both the traditional classification approach and the more recent legislated standard Bailment Some types of bailment establish an expection that reasonable care be taken by the bailee
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Other Torts Note that most of the torts (although not all) identified in Ch. 12 fall into the intentional tort category Of these, most can be divided into groups that arise out of the control of a property and those that arise out of business operations Other torts tend to have very specific factual requirements unless they have some connection to negligence (e.g., occupier’s liability)
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Scenario You own and operate a small grocery store. Around supper time one day, in the produce aisle, a customer slips and falls on a lettuce leaf. She seriously injures her back in the fall and misses 3 months of work. Your practice, which you did that day, was to clean the aisle once in the early afternoon and at the end of the day.
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Scenario You own a small industrial manufacturing business. Last week one of the
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Class_6-_AFM_231posted - AFM 231 Tort Law- Negligence and...

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