LAW 122 Chapter Notes - Chapter 6: Contributory Negligence, Reasonable Person, Strict Liability
1 Oct 2016
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Negligence: determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. The tort of negligence requires the plaintiff to prove that the defendant. >voluntarily assumed the risk of being injured by the defendant. >was injured while engaged in some form of illegal behaviour. Duty of care: exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Test for determining the existence of duty of care: the judge will rst ask whether or not the duty of care question has already been. 2. answered for the type of case being litigated. If the duty of care question has not already been answered for the particular type of case, then it will be necessary to answer three questions. The issue is not whether the defendant personally knew that its activities might injure the plaintiff, it is whether a reasonable person in the defendants position would have recognized that possibility.
