LAW 122 Study Guide - Midterm Guide: Contra Proferentem, Mcgill University Faculty Of Law, Sole Proprietorship
27 Oct 2017
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Duty of care: reasonable foreseeability, proximity. Breach of standard of care: standard of care, reasonable person test, professional negligence, product liability. Causation of harm: but-for-test, all or nothing approach, remote, thin skull. Defences: contributory negligence, apportionment, voluntary assumption of risk. Invitation to treat: offer, offeror, offeree, communication of an offer, life of an offer. Contract needs: consideration, sufficient and adequate consideration, forbearance to sue, past consideration (not consideration) Incorporation process: basic definitions, post-incorporations organization, separate legal existence, liability of shareholders, separate of ownership and management, corporate finance, shares. Tort of negligence: determines whether the defendant can be held liable for carelessly causing injury to plaintiff. Breached the standard of care by acting carelessly. Injured while engaged in some form of illegal behavior. Exists if defendant required to use reasonable care avoiding injury. Defendant possessed or claimed to possess special knowledge. Standard of care: tells defendant how to act. Breached when defendant acts less carefully based on.
