Textbook Notes (367,930)
Canada (161,511)
LAW 122 (618)
Chapter 6

LAW122 Chapter 6 Notes.docx

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Law and Business
LAW 122
Jared C.Allen

LAW122 Chapter 6 Notes Negligence A Tort of Negligence determines whether the defendant can be held liable for carelessly causing injury to the plaintiffRequires the plaintiff to prove that the defendant o A duty of care in that it was required to act carefully toward the plaintiff o Breached the standard of care by acting carelessly o Caused harm to the plaintiffThe defendant may be able to avoid liability by proving o The plaintiff was guilty of contributory negligence that caused or contributed to the injury o Voluntarily assumed the risk of being injured by the defendant o Was injured while engaged in some form of illegal behaviour Duty of Care A Duty of Care exists if the defendant is required to use reasonable care to avoid injuring the plaintiff Ex a woman and her unborn child or a manufacturer to a consumer Without a duty of care there cannot be liability even if the defendant carelessly injured the plaintiffReasonable Foreseeability o Judges whether or not a reasonable person in the defendant position would have recognized that pos
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