Class Notes (835,366)
Canada (509,138)
LWSO 203 (56)
Lecture

LWSO203 -Four Elements of Negligence March 13.docx
Premium

2 Pages
119 Views
Unlock Document

Department
Law and Society
Course
LWSO 203
Professor
Marywyatt Sindlinger
Semester
Winter

Description
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  4 elements of neg.: Duty of care, standard of , causation, damages  “who are the people in your neighbourhood”: people those are closely affected by your actions  Ex: when you are driving you are ought to have contemplation to those who are also driving on the road or walking on the road, biking, etc.  Affected by 3 things: reasonable foreseeability (what is reasonable and what is considered appropriate and who do you see your actions affecting?) , proximity (how closely connected are your actions, or the people who may get harmed by your actions) , negative by policy of considerations  Sometimes duty of care can be excused, ex: an accountant has to owe client a duty of care but do not owe the duty to the public at large  Duty of care does not necessarily mean you are responsible as long as the duty of care step was completed  Principle of Velentai: did you voluntarily assume the risk  Bosniac –in Alberta –sylvan lake case  Needy: Ontario case (2008) 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
More Less

Related notes for LWSO 203

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit