LAW 122 Midterm: LAW 122 - Midterm 1: Class4

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Theresa Miedema

Document Summary

Tort of negligence determine whether the defendant can be held liable for carelessly causing injury to the plaintiff carelessness o. Purpose to compensate for harmful, risky actions conducted carelessly but to allow for careful risk-taking. Striking the right balance to protect people from excessive harm and o giving them the ability to live the life they can live and have risk; try to be at reasonableness. The legal test negligence the plaintiff must prove (3): owed a duty of care, in that they were required to act carelessly toward the plaintiff. Why should the defendant care? (relational analysis) Breached the standard of care by acting carelessly. How should the defendant care? (analyze the act or omission) Who should care? (is there a connection between what he defendant has done and the injury suffered by the plaintiff?) Voluntarily assumed the risk of being injured by the defendant.