ADMS2610-Session4-Ch5

ADMS2610-Session4-Ch5 - ADMS2610 Session 4 Chapter 5 (pg....

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ADMS2610 Session 4 Chapter 5 (pg. 79-85, 89-91, 93-97) Negligence and Unintentional Torts Concept of Tort Liability - Basic foundation of tort liability is that individuals and corporations living in a civilized society will not intentionally cause injury to one another or others property - Initially only deliberate direct injury was actionable - Strict liability (responsibility for loss regardless of the circumstances) o Deliberate acts causing injury to others o Still exists in cases where activities or practices are inherently dangerous o Based neither upon intent nor negligence but conduct, while not wrongful or improper, is so inherently dangerous - Vicarious Liability (the liability at law of one person for the acts of another) o One person controls the activity of another to such an extent that the act of one may be attributed to the other o The liability is carried back to the person not directly associated with the tortuous act o At Common law, an employer is considered to be vicariously liable for the torts of the firm’s employees given it was committed by the employee in the course of the employers business Reasoning behind this is the employee may not have financial means to compensate for the damage caused Employers would, through insurance coverage Also because the tort is committed during the employers business therefore the employer should have some responsibility for the loss o All partners in a partnership are vicariously liable for the torts committed by a partner o Provincial statute law also imposed a vicarious liability on the owner of a motor vehicle if the vehicle is negligent in its operation Evolution of Negligence - This type of liability enlarged as society changed and became more civilized - It was developed to cover injuries suffered by persons who were not intentionally injured, but were injured nevertheless by the actions or inactions of others o Unintentional injury was established for persons with specific trades, callings or professions when their careless conduct injured another
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Early cases were decided on the basis the skilled person failed to carry out the work in accordance with the level of skill they possess Proximate Cause (Causation) – a cause of injury directly related to an act of a defendant - Must be a connection between the defendant’s act and the plaintiff’s injury - Connection cannot be remote - The “But For” Test in Causation o Asks the question: “but for” the defendant’s actions, would the
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This note was uploaded on 03/25/2011 for the course ADMS 2610 taught by Professor Joshuasera during the Winter '10 term at York University.

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ADMS2610-Session4-Ch5 - ADMS2610 Session 4 Chapter 5 (pg....

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