LAW 122 Chapter : chp 6

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Tort of negligence determines whether the defendant cane be held liable for carelessly causing the plaintiff to suffer a loss or injury. Tort of negligence requires the plaintiff to prove that the defendant: y. caused harm to the plaintiff y defendant must show at least one of these defences existed: Liability unless defence: negligence that is committed by a professional person. Duty of care y duty of care occurs when the defendant is required to use reasonable care to avoid injuring the y plaintiff. Test for determining the existence of duty of care. whether a reasonable person in the defendant s position would have recognized that the activity could potentially be dangerous or hurt the plaintiff t is difficult to arrange liability insurance for an unpredictable event y. concept of proximity is very broad and open minded which makes it difficult to define. The court will ask whether liability should be precluded on policy grounds.

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