Special Duties of Care, cont.

Outline Finish our discussion of B.M. v. B.C. Finish duties of affirmative action – gratuitous promises. Miscellaneous categories of duty of care: Duty of care owed to rescuers Duties to the unborn Nervous shock Duty of care owed by barristers

Negligent Performance of a Gratuitous Service Defendant assumes responsibility. Foreseeable reliance. Proof of negligence in performing the service. Damage due to reliance.

Criminal Code, s. 217 Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.

Some categories ... employer/employee carrier/passenger occupier/lawful visitor master of pleasure boat/invited guest promoter of dangerous sport/visibly intoxicated participants commercial host/class of persons who could be expected to be on the highway parent/child police/potential victims with a specific risk of harm promisor/promisee (where assumption of responsibility and reliance)

Categories in Childs: Where a defendant intentionally attracts and invites third parties to an inherent and obvious risk that he or she has created or controls. Paternalistic relationships of supervision and control. Defendants who either exercise a public function or engage in a commercial enterprise that includes implied responsibilities to the public at large.

Miscellaneous Duties of Care Duties based on categories of plaintiffs: Duty of care owed to rescuers Duties to the unborn Nervous shock Duty based on category of defendant: Duty of care owed by barristers

Foreseeability and Rescuers Cardozo: “danger invites rescue” General test for foreseeability: At the time of the alleged tort, 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).

Duties Owed to the Unborn Pre-conception wrongs. Wrongful birth and wrongful life. Wrongful pregnancy. Pre-natal injuries.