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Torts-Negligence-lecture #6
Torts-Negligence-lecture #6
NEGLIGENCE
Negligence
Essential Elements:
A: A duty to exercise care
B: Breach of the standard of care
C: Causation – The act caused the injury
D: Damages – Victim suffered a loss
Reasonable person test
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
B- Breach of a Standard of Conduct
Contributory negligence
Plaintiff partially responsible for own loss
Last clear chance doctrine
Negligence Act now allows court to apportion
responsibility
Defences/2
Duties of Innkeepers
Safeguard property of guests
Post appropriate section of Innkeepers
Act
Prevent guests from becoming
intoxicated
Legislation
Haig v. Bamford
This case established the legal principle that:
Liability is restricted to situations where the
plaintiff knew or should have known that the
information provided would be relied on by a
limited group.
Is this restriction appropriate?
Strict liability