Kinesiology 4459A/B Lecture Notes - Lecture 3: Contributory Negligence, Intentional Tort, Misfeasance
20 Feb 2017
School
Department
Course
Professor
Document Summary
Black"s law dictionary negligence failure to exercise the standard of care that a. Negligence now considered to be the most important tort in canada reasonably prudent person would have exercised in a similar situation (doesn"t include intentional tort) Elements of negligence: duty of care, breach of standard of care, causation, remoteness, damages, defences. Man was trying to get on a moving train with a package. Was it reasonably foreseeable that negligence of the defendant would affect the. Even if the above is answered affirmatively, are there policy reasons to limit or negate a. She sued the railroad claiming injury from negligence of employees. Trial and intermediate appeals court found for palsgraf with a jury verdict. The court of appeals (highest in new york) reversed and dismissed complaint stating: duty of care. Palsgraf v. long island railroad co. (u. s. 1928 case). help the man get on the train and he dropped the package which contained fireworks and exploded.
