Management 260 Week 10 Notes
Management 260 Week 10 Notes Management 260
Popular in Introduction to Law
Popular in Business, management
This 3 page Class Notes was uploaded by Eunji Cho on Saturday April 2, 2016. The Class Notes belongs to Management 260 at University of Massachusetts taught by Michael Malkovich in Spring 2016. Since its upload, it has received 23 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.
Reviews for Management 260 Week 10 Notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 04/02/16
UMass Amherst Management 260 Professor Malkovich Week 10 Notes: Mar 28 – Apr 1 By Eunji Cho March 29, 2016 Recent cases • Ensure that the law hasn’t changed • Ensure the decision is citing the most recent cases as well Citing the case • Commonwealth v. Johnson • 82 Mass.App. 336 (2012) (Vol) (page) Citing Statutes • G.L. c. 140. s. 155 (General Law, Chapter, Section) Red flag: decision has probably significantly changed to use for case precedence Yellow flag: negative treatment 5 questions, choose one Legal questions to answer with legal research March 31, 2016 In analyzing a tort situation, the law is sometimes very weak. But you can sense that something is wrong with the situation. When you start with that kind of mentality, you need to search for the law that strengthens your position. “Reasonable Person” standard Negligence • Duty of care owed to potential plaintiff o Running over a person in the winter because the car window was fogged – breach of duty to clear the window o Running over a person sleeping behind your car – breach of duty to check if someone/something is around your car • Breach of that duty of care o Duty depends on the relationship/connection you have with the potential plaintiff o Lifeguard swimsuit: Creates a duty that didn’t exist, and there is a perceived duty of care due to something you’ve done. People think that they don't need to help because there is a lifeguard o Actual lifeguard: “Reasonable person” standard o Playing Frisbee with a child: have duty to take care of the child due to creating a connection with playing a game o When McDonalds was punished, they started to change their cups. In the industry, changing and reinforcing the cups can be the duty that is expected. Especially if there is an inexpensive, easy way to prevent injuries.