1. Negligence
Torts
Chapter 14
Pg 415

2. Negligence The most common and important area of tort law.
Refers to inattention, the possibility of harm, or carelessness in a task

3. 3 characteristics 1) The action is unintentional
2) The action is unplanned
3) An injury results
* carelessness and injury required

4. Examples of Negligence

6. Duty of Care pg 417
In a negligence suit, the plaintiff must show that the defendant owed him or her a Duty of Care
Courts has to decide if the duty of care exists, and then they decide what a reasonable person would have expected in a similar situation. They use the neighbour principle.
Case pg 418 Donoghue v, Stevenson

7. Youths and Teenagers Youths – under 12 Teenager 12 to 17
Not held accountable to same standards as adults
Court decides accountability on a case per case basis
The older – the more responsible
If a minor is involved in a dispute, someone is appointed to act on their behalf
Called GUARDIAN AD LITEM

8. Foreseeability
Would a reasonable person have foreseen that the victim was going to be injured as a result of his or her action?
Yes – breach
No - no liability

9. If breach of Duty of Care is established:
1) Causation
2) Actual Harm or Loss

10. Causation p. 423 Once this is established – “But for “ test
If an accident would not have occurred “but-for” the defendant’s negligence, this conduct is the cause of loss
Read Paxton v. Ramji p. 420, what is the ‘but- for’?
The Plaintiff must prove causation:
There must be a direct link between the defendant’s actions and the injury that occurred to the victim
‘Cause in Fact’, determined by the ‘but-for’

12. Actual Harm or Loss
The injury has to be directly linked to the action and no other actions outside of the situation being discussed.

13. Burden of Proof
The plaintiff must prove that all of the required negligence elements are present
Balance of probabilities

14. Case
In class work – group discussion
Resurfice Corp v. Hanke