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Lecture

LWSO 203 Lecture Notes - Special Circumstances


Department
Law and Society
Course Code
LWSO 203
Professor
Marywyatt Sindlinger

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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
Likelihood of harm (foreseeability)
Gravity of potential harm (higher standard of care for higher potential of grave
injury)
Burden or cost of preventing the harm
Relevant customary and industry practices
Statutory and regulatory requirements
d) Special Circumstances
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