BUS 393 Chapter Notes - Chapter 5: Fiduciary, Product Liability, Contributory Negligence

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Business law in canada chapter 5: negligence and professional liability. Inadvertent or uninten onally careless conduct causing injury or damage to another person or their property. 4 required elements of negligence: a duty of care is owed to the plain , breach of the duty or standard of care, causa on, damage. Used by the court to determine whether there was a duty of care owed. It has to be reasonably foreseeable that the conduct would cause harm to the plain . If the defendant thought of the proximity to other par es, they would have realized their ac ons pose a rise of danger. Allows the court to consider social policy rather than strict legal rules to provide excep ons, modi ca ons, or reduc ons to the reasonable foreseeability test for new situa ons that don"t t into an established category of negligence. Courts are reluctant to provide remedy if there was no rela onship. (ex.

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