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LWSO 203 (56)

Four Elements of Negligence.docx

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University of Calgary
Law and Society
LWSO 203
Marywyatt Sindlinger

Four Elements of Negligence 1) Duty of Care a) Q: To whom do you owe a duty of care? -came from neighbour principle: love your neighbour (do not harm your neighbour) b) A: Neighbour Principle  People so closely and directly affected by your actions that you ought reasonably to have them in contemplation when acting/failing to act Ex: while driving, other drivers, cyclists, pedestrians, motorcyclists c) Reasonable foreseeability: what can you look ahead and reasonably imagine affecting by your actions/failure to act d) Requires a degree of proximity: how close are these people that may be affected by your actions e) Can be negatived by policy considerations: example- an accountant who is responsible for a company’s financials does not owe a duty of care to those who rely on the financial stability of the company -volentae: voluntarily 2) Standard of Care a) Q: What standard of care is required in a given situation? -what you must do to meet your duty of care b) A: The standard of care of an ordinary, reasonable, cautious, prudent person in the position and circumstances of the defendant -reasonable person is not perfect, infallible -uses prudence as a guide to their conduct c) Factors affecting Standard of Care
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