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Unformatted text preview: Chapter 11: The Tort of Negligence The Law of Negligence What is Negligence? I t is a careless act that causes harm to another Carelessness: failure to show reasonable care, that is care a reasonable person would have shown in the same situation Negligence action may be brought on by someone: Who has been injured by the dangerous driving of a delivery t ruck Who has suffered a loss by relying on poor advice provided by an accountant, lawyer, architect, or engineer Whose furniture has been damaged in transit by a moving company The plaintiff doesnt need to show that the defendant intended to cause damage Instead tort of negligence makes the defendant liable for failing to act reasonably Negligence law seeks to compensate victims for their or injury I t provides this compensation after applying the rules that determine who is liable to compensate one another, on what basis and for how much Without these limiting rules, business and professional people might be reluctant to produce goods and services b/c the risk of liability in negligence will be unknowable Steps to Negligence Action: Step 1 : Does the defendant owe the plaintiff a duty of car? If yes proceed to next step Duty of Care: responsibility owed to avoid carelessness that causes harm to others A defendant owes a duty of care to anyone who might reasonably be affected by the defendants conduct known as the neighbour principle A court must first ask whether the case at bar presents a novel situat ion or not. If the case is comparable to another case in which duty of care was recognized, then the first stage can be skipped. Otherwise analyze from stage 1: Stage 1: is there a prima facie duty of care? To answer this question the court must first answer some smaller questions: prima facie: at first sight or at first appearances (a) is the harm that occurred a reasonable foreseeable consequence...
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This note was uploaded on 01/09/2011 for the course AFM AFM 231 taught by Professor Darrencharters during the Spring '10 term at Waterloo.
- Spring '10