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
4 Required Elements of Negligence
A. A duty of care is owed to the plain▯ﬀ
B. Breach of the duty or standard of care
Reasonable foreseeability test (foreseeable plain▯ﬀtest)
Used by the court to determine whether there was aduty of care owed. It has to be reasonably
foreseeable that the conduct would cause harm to the plain▯ﬀ.
If the defendant thought of the proximity to otherpar▯es, they would have realized their ac▯ons posea
rise of danger
Allows the court to consider social policy rather than strict legal rules to provide excep▯ons,
modiﬁca▯ons, or reduc▯ons to the reasonable foreseeability test for new situa▯ons that don’t ﬁt into an
established category of negligence
Wrongful conduct or an unacceptable ac▯on
A failure to act. Courts are reluctant to provide remedy if there was no rela▯onship. (Ex. A lifeguardhas a
duty to save people on the beach while he is working, but he has no duty to save someone if he happens
to be at a beach on his own ▯me)
Reasonable person test
The test is used to establish standards of socially acceptable behavior. The reasonable person is expected
to be ‘prudent’ or par▯cularly careful (be▯er thanaverage). If the ac▯ons would not have been taken by
the reasonable person, then the duty was breached. Vicarious liability of parents
Parents are not vicariously liable for torts commi▯ed by their children (unless through statute), unless
they were negligent in failing to train, control, or supervise their children
Res ipsn loquitur
“The thing speaks for itself.” Circumstan▯al evidence can be used to show that the defendant was
“On the face of it.” Turns the burden of proof to the defendant to provide evidence that they were not
negligent in the face of circumstan▯al evidence.
“But For” test
The plain▯ﬀ must prove to the court that but for the conduct of the defendant, no injury would have
resulted. This is the general test for physical condi▯on.
Remoteness test (for legal causa▯on)
The court will only award damages if the defendantcould reasonably foresee the nature of the injury or
damage suﬀered. (Ex.