LAW430B- Midterm Exam Guide - Comprehensive Notes for the exam ( 16 pages long!)
13 Oct 2017
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Jorts can (winter) hailey b (prof: iyioha) Establishing a duty of care is the first key step in bringing a negligence claim. It acts as a limiting factor for establishing liability under negligence. Courts try to limit the scope of liability through restricting recovery to certain kinds of losses and to certain kinds of people. There can be no legal accountability of a defendant"s actions without a duty being imposed on them. This means that mere fact of farm does not result in liability, nor does mere risk of harm. Morever, the defendant"s wrong must relate to the plaintiff"s right (palsgraf). However, a plaintiff cannot be the vicarious beneficiary of a breach of duty owed to another (palsgraf). As first established in donoghue v stevenson, an obligation of care owed to a plaintiff can be imposed upon people whose actions can foreseeably harm others and where there is a proximate relationship between the two.
