Neglience and Unitentional Trots - Tort Law - Lecture Notes, Study notes of Law

Download Neglience and Unitentional Trots - Tort Law - Lecture Notes and more Study notes Law in PDF only on Docsity! NEGLIGENCE AND UNINTENTIONAL TORTS  Identify the elements necessary for a negligence action  Outline the main defences for negligence  Describe the tort liability of minors and parental responsibility NEGLIENCE – careless conduct that causes foreseeable harm to another person. STEPS TO DETERMINING NEGLIGENCE: 1) Duty of Care 2) Standard of Care 3) Causation 1) DUTY OF CARE – the obligation to foresee and avoid careless actions that might cause harm to others. Landmark Case: Donoghue v. Stevenson 2) STANDARD OF CARE – degree of care society expects of the defendant. This is expected from all adults of “normal intelligence”. Experts have a higher standard of care than the average citizen. Foreseeability – the ability of a reasonable person to anticipate the consequences of an action. “Reasonable Person” – an ordinary person of “normal” intelligence. 3) CAUSATION – the factual “cause and effect” connection between one person’s actions and another person’s injuries. Actual loss – plaintiff must be able to prove that he or she suffered some actual injury or loss as a result of the defendant’s negligence. Docsity.com DEFENCES TO NEGLIGENCE: WHICH DEFENCE TO NEGLIGENCE DOES EACH OF THE FOLLOWING DESCRIBE? Plaintiff agreed to accept the risk normally associated with the activity. A situation that was unavoidable due to an uncontrolled event. Plaintiff contributed to the injury by displaying unreasonable conduct. Children and Negligence”: -Under the age of 6 or 7 don’t usually realize what they have done or can’t understand the consequences of their actions. -Parents are liable for accidents that are considered “adult” activities, such as driving a snowmobile, ATV or motorboat. -Usually parents can protect themselves and their children through liability insurance. Vicarious Liability – legal responsibility for the negligence of another person Term Definition Example Material risks Informed consent Occupier Docsity.com