LAW 122 Study Guide - Midterm Guide: Product Liability, No Liability, Reasonable Person

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Sari Graben

Document Summary

Chapter 6: negligence: negligence: the most common tort, negligence in business context, flexible balancing of social values: Encouragement of socially useful activities: flexibility arises at each stage of analysis. 4 elements a plaintiff has to prove: owe a duty of care: plaintiff suffered a loss, causation, damage. Reasonable foreseeability (pg 132: this is an objective test, would reasonable person have foreseen risk of loss, not whether the defendant personally foresaw the risk, but whether a reasonable person in defendant"s position would foresee. Is there a close and direct connection between the parties: proximity may arise in various ways: Proximity (pg 133: physical, social, commercial, causal, reliance. Hercules case (supreme court of canada, 1997) pg. 137: determines how defendant with duty of care must act, reasonable person test: If some harm reasonably foreseeable, plaintiff can recover for entire injury. If no harm reasonably foreseeable, plaintiff cannot recover for any part of injury: intervening cause: subsequent harm.