4 - Negligence Professional Liability b - Student

4 - Negligence Professional Liability b - Student -...

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Negligence & Professional Liability
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Negligence Inadvertent, careless conduct that causes injury to another Important area of tort liability for business people and professionals The purpose of lawsuits based on alleged negligence is to deter careless conduct and encourage responsible behaviour .
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Negligence On October 4, 2007, the Supreme Court of Canada handed down its decision in Hill v. Hamilton Wentworth Regional Police Services Board (No. 31227) (Hill). The Court ruled that the police in Canada are not immune from civil liability for negligence in their investigations , and that innocent people harmed by a shoddy investigation can sue for damages.
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Negligence A - D Essential Elements: A : A duty to exercise care ( reasonable foreseeable test /policy consideration) B : B reach of the standard of care ( reasonable person test ) C : C ausation – The act caused the injury ( but for test ) D : D amage – Victim suffered a loss (type of injury could have been foreseen – not remote ( remoteness test ) )
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Negligence A – D contd. . The plaintiff must prove each element to win his case. In other words, a successful action in negligence requires these elements.
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Negligence - Example To illustrate how these four elements work, take a imaginary personal injury case: Ron speeds through an intersection against a red light and hits a vehicle driven by Mat, who had the green light and the right of way.
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Negligence – Example contd. . Plaintiff Mat will need to show that: As the operator of a car on public streets, Defendant Ron owed all other drivers (including Plaintiff Mat) a legal duty to drive with reasonable caution under the circumstances; and By speeding through the intersection and running the red light, Defendant Ron failed to fulfill ("breached") that legal duty; and
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Negligence – Example contd. . In failing to fulfill his legal duty to drive with reasonable care under the circumstances, Defendant Ron caused his vehicle to collide with Mat's car; and Due to his collision with Ron's car, Mat suffered injury (property damage and physical injury)
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A - Duty of Care Misfeasance An act that causes harm to another Court will provide remedy Nonfeasance A failure to prevent an injury Courts reluctant to provide remedy If a person attempts to help there is a duty to exercise reasonable care Courts reluctant to provide remedy without special relationship
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A - Duty of Care contd. . A Duty of care applies to a range of situations and can be briefly described as an obligation that a sensible person would have in the circumstances when acting toward others and the public . If the actions of a person are not made with care, attention, caution, and prudence, their actions are considered negligent.
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A - Duty of Care contd. . Reasonable Foreseeability Test
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This note was uploaded on 10/28/2010 for the course ACF ALW380 taught by Professor Henry during the Fall '10 term at Seneca.

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4 - Negligence Professional Liability b - Student -...

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