MCS 3040 Chapter Notes - Chapter 11: Vicarious Liability, Contributory Negligence, Strict Liability
9 Apr 2014
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Read case donoghue v. stevenson: as formulated by the supreme court of canada, a court must first ask whether the case at bar presents a novel situation or not. If the case is comparable to an already-decided case in which a duty of care was recognized, the first stage described below can be skipped and the plaintiff can proceed directly to the second stage. Professional such as doctors, accountants, engineers, and lawyers must meet a higher or specialized standard of care because the level of expertise of the average member of society is simply inadequate as a measure of competence. Though the condition impairing the immune system is reasonably rare, meat cannot use this fact to escape liability to fully compensate jennifer. Provided that the breach in question caused the plaintiff"s loss and that the loss was not too remote, the plaintiff has won the negligence action (important)
