Textbook Notes (363,233)
Canada (158,276)
BUS 393 (52)
Chapter 5

BUS 393 Textbook Notes -Chapter 5

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Simon Fraser University
Business Administration
BUS 393
Shafik Bhalloo

BUS393:CommercialLaw Business Law in Canada –Chapter 5: Negligence and Professional Liability Negligence Inadvertent or uninten▯onally careless conduct causing injury or damage to another person or their property 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 C. Causa▯on D. Damage 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. Proximity If the defendant thought of the proximity to otherpar▯es, they would have realized their ac▯ons posea rise of danger Policy considera▯ons 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 Misfeasance Wrongful conduct or an unacceptable ac▯on Nonfeasance 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 careless. Prima facie “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.
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