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Commerce (379)
COMM 393 (60)
Chapter

Case Brief - Waldick v. Malcolm - NEGLIGENCE.docx
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Department
Commerce
Course
COMM 393
Professor
Patricia Mallia
Semester
Fall

Description
Waldick v MalcolmNEGLIGENCEFacts Mr Waldick suffered fractured skull when he fell on icy parking area outside Malcolms rented farmhouse Mr Waldick was Mrs Malcolms brother Four days before been ice storm made laneway slippery Mr Waldick aware of condition cautious driving p it Proceeded carefully from car to house Later left to get something out of car as walking back to house from car slipped on ice fell backwards fractured skull Sued Malcolm for negligence won at trial level Issues1 Are the Malcolms liable 2 Should Mr Waldick be held contributorily negligent Decisions1 Yes they are liable 2 No Mr Waldick shouldnt be held contributorily negligent Reason1 According to Ontario Occupiers Liability Act the duty towards invitees licensees and trespassers is one of reasonable care Malcoms shouldve anticipated dangerous condition of parking area because of weather conditions did nothing to make it safe should have cleared or salted part of parking area
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