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LWSO203 -Four Elements of Negligence March 13.docx

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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  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
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