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LWSO 203 (56)

LWSO203 -Four Elements of Negligence.docx
LWSO203 -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? 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 c) Reasonable foreseeability d) Requires a degree of proximity e) Can be negatived by policy considerations 2) Standard of Care a) Q: What standard of care is required in a given situation? b) A: The standard of care of an ordinary, reasonable, cautious, prudent person in the position and circumstances of the defendant c) Factors affecting Standard of Care  Likelihood of harm (foreseeability)  Gravity of potential harm  Burden or cost of preventing the harm  Relevant customary and industry practices  Statutory and regulatory requirements d) Special Circumstances
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