Textbook Notes (369,133)
Canada (162,403)
LAW 122 (625)
anon (6)
Chapter

chp 6

3 Pages
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Department
Law and Business
Course Code
LAW 122
Professor
anon

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Description
Chapter 6NegligenceIntroduction y Tort of Negligencedetermines whether the defendant cane be held liable for carelessly causing the plaintiff to suffer a loss or injury y Tort of Negligence requires the plaintiff to prove that the defendantOwed a duty of careBreached the standard of careCaused harm to the plaintiff y Defendant must show at least one of these defences existedContributory negligenceVoluntarily assumed llegal behaviour from the plaintiffBreached LiabilityDuty of Causation standard of unlessCare of loss care defencey 2 preliminary mattersProfessional negligence 1 Negligence that is committed by a professional person The law of negligence contains a tension between 2 important values 1 The courts will want a wide scope of liability in order to compensate people who suffer injuries 2 The courts recognize that the imposition of liability sometimes actually hurts society Duty of Care y Duty of Careoccurs when the defendant is required to use reasonable care to avoid injuring the plaintiffy Test for Determining the Existence of Duty of CareA duty of care can be recognized any time that certain conditions are met 1 Where or not the duty of care in question has already been answered for the particular type of case that she is hearing o f it has been answered you follow that decision
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