LWSO 203 Lecture Notes - Special Circumstances
25 Mar 2013
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Four elements of negligence: duty of care. Came from neighbour principle: love your neighbour (do not harm your neighbour) 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. Reasonable foreseeability: what can you look ahead and reasonably imagine affecting by your actions/failure to act. Requires a degree of proximity: how close are these people that may be affected by your actions. 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. What you must do to meet your duty of care. A: the standard of care of an ordinary, reasonable, cautious, prudent person in the position and circumstances of the defendant. Uses prudence as a guide to their conduct.
