MGSC30H3 Lecture Notes - Contributory Negligence, Vicarious Liability, Limited Liability
Document Summary
Anything an employee does in the course of employment may leave the employer responsible as well. Unintentional torts: negligence captures the wide variety of instances where no injury may have been intended by nevertheless occurred. Defendant has failed to observe an appropriate stand of care towards the plaintiff, and consequently caused the plaintiff an injury plaintiff a duty of care at all. : it must be established that the defendant owe the. Duty of care: pretty much owe anyone a duty of care as you are to take reasonable care not to harm people around you . Neighbour principle: must be considered if the injury was reasonable foreseeable and within sufficient proximity, cases in which there is unlimited liability, there is usually no duty of care to be breached (ex. Standard of care know if the defendant fell short of that standard.