Textbook Notes (368,362)
Canada (161,837)
LAW 122 (625)
Stan Benda (71)
Chapter 6

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Department
Law and Business
Course
LAW 122
Professor
Stan Benda
Semester
Winter

Description
Chapter 6NegligenceTort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury ex On pg 129Tort of negligence requires the plaintiff to prove that the defendant o Owed a duty of care in that it was required to act carefully toward the plaintiffo Breached the standard of care by acting carelessly o Caused harm to the plaintiff Even if plaintiff proves those parts defendant may be able to avoid liability by proving a defence 3 possibilities the defendant may show that theo 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 shown in fig 61 on pg 129 Duty of careDuty 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 careDuty of care is needed for an action in negligence Case brief 61 on pg 131Based on Donohue v Stevenson Canadian courts have developed a unique test for the creation of a duty of care on pg 131132Reasonable foreseeabilityo This means whether a reasonable person in the defendants position would have recognized that its activities might harm the plaintiffo This test brings a balance btwn the 2 parties o Plaintiff should not suffer just cuz the defendant was not paying attentiono Also defendant should not be always held liable for every injury that it creates cuza person cannot take precautions against a hidden danger Business Decision 61 on pg 132 useful Proximity o Duty of care would not be recognized if there was no relationship of proximity o This means there must somehow be a closedirect connection btwn the partieso Court may focus on physical proximity ex On pg 133 o It may focus onParties sharing a social relationship ex On pg 133If parties shared a commercial relationship ex On pg 133If there was a direct casual connection btwn the defendants carelessnessthe plaintiffs injury ex On pg 133
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