Introduction to Negligence

Outline Finish Remedies. Introduce Negligence. Introduce the Concept of Duty of Care. Discuss “Foreseeability”.

Fact Scenario Health Canada recommends irradiation. Healthy Foods uses an alternate method to sanitize its cans. Contaminated can renders beans toxic. Ms. Hungry made ill, misses 4 weeks of work and has digestive problems.

Donoghue v. Stevenson You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then, in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

Solomon’s Elements: Duty of Care Standard of Care (and its breach) Causation Remoteness of Damage Actual Loss Defences

Osborne’s Elements: Negligent Act (standard of care and breach) Causation Damage Control Devices: Duty of Care Remoteness of Damage

Anns v. Merton London Borough Council Is there a sufficient relationship of proximity between the plaintiff and defendant? If so, there is a prima facie duty of care. Should the duty be negated, restricted or modified on policy grounds?

Duty of Care Test Summarized: Does the alleged duty of care fall within an established category? Yes – duty of care exists. If no, was the harm reasonably foreseeable? No – no duty of care. If yes, was there a sufficient relationship of proximity between the parties? No – no duty of care. If yes, a prima facie duty of care exists. Defendant must now demonstrate that there are residual policy considerations that negate or limit the duty of care.

Foreseeability Addressed at 3 different points: duty of care, breach of standard of care, and remoteness.

Foreseeability in the context of the duty of care inquiry: At the time of the alleged negligence, was it reasonably foreseeable to a person in the defendant’s position that carelessness on his or her part could create: a risk of injury, to the plaintiff (or class of persons to which the plaintiff belongs).