LAW 122 Chapter 6: Chapter 6.docx

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Stan Benda

Document Summary

Tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury (ex. 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. Duty of care is needed for an action in negligence (case brief 6. 1 on pg 131) Based on donohue v stevenson, canadian courts have developed a unique test for the creation of a duty of care (on pg 131-132) Proximity: duty of care would not be recognized if there was no relationship of proximity, this means there must somehow be a close & direct connection btwn the parties, court may focus on physical proximity (ex. On pg 133: it may focus on. If there was a direct casual connection btwn the defendant"s carelessness.