BU231 Lecture Notes - Lecture 2: Ginger Beer, Rush Hour, The Injury
Document Summary
Three- part test for negligence: the defendant owed the plaintiff a duty of care, the defendant breached that duty of care by falling below the standard of care; and, the defe(cid:374)da(cid:374)t"s a(cid:272)tio(cid:374)s (cid:272)aused the i(cid:374)ju(cid:396)(cid:455) The legal duty imposed on everyone: to take reasonable care to avoid injury to others, the injury must be reasonably foreseeable. If prof is golfing and hits someone with a golf ball in the head and they drop dead. I(cid:374) e(cid:454)a(cid:373) situatio(cid:374), she"s (cid:374)ot going stop us in part 1 of 3 she wants us to go through full example: she wants us to tell us why part 1 is maybe not relevant. What is the standard of care: the reasonable ordinary person on the yonge street subway. If u fall below standard, then u have breached the standard of care. Special standards of care: the reasonable and competent person in a specific profession where someone requires specialized skill and knowledge.
