Philosophy 2080 Study Guide - No Liability, Legal Personality, Fetus

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Defendant was negligent in not removing or reporting the damaged sign. Not necessary to foresee precise nature of accident in order to find liability. When defendant cleaned up debris & asked attendant about reporting, indicates he did foresee potential danger. The 4 factor test in case results in a finding that the defendant did not breach reasonable standard of care. The 4 factor test in this case results in a finding that the defendant did. No duty of care owed for loss of wife. Damages but less breach a reasonable standard of care. If a plaintiff can prove there is a material increase in risk, due to the negligent conduct of the defendant, and the injury does occur, then this will be treated as if plaintiff had proved causation. Ability to pay has never been regarded as relevant consideration in assessment of damages.