2.  I punch Joe in the face?  I start class by telling everyone that Joe drowns puppies?  I leave all of my teaching stuff in the doorway to the classroom, and Joe trips over them and breaks his glasses?

3.  Negligence occurs when anyone carelessly injures a person or a person’s property and should compensate the victim for that injury  Negligence has three characteristics: ◦ 1. the action is unintentional ◦ 2. the injury is unplanned ◦ 3. injury results.

4. 1. Reasonable person 2. Duty of Care 3. Standard of Care 4. Foreseeability 5. Causation [cause-in-fact / remoteness of damage]

5.  Reasonable person : as an “ordinary adult” without any disabilities. ◦ Thoughtful, never making snap judgements, etc..  Although this person does not actually exist, the reasonable person is thought to be careful and considerate.  The definition of a reasonable person may also depend on location.

6.  Duty of care —a specific legal obligation to not harm others or their property.  Duty of care can be highly specific or apply more generally to the public. ◦ Example: each motorist owes everyone a duty of care while driving.  If the court decides the defendant did not meet his or her duty of care, the defendant can be found in “breach of duty of care.”

7.  Beyond duty of care, victim must show that the wrongdoer did not show a standard of care that would be met by a reasonable person ◦ For example: a child can’t be expected to forsee the risk in the same way an adult can ◦ OR ◦ A professional may be required to exercise even greater care than a reasonable person ◦ It is higher when it involves children

8.  Strict liability: higher for certain situations [i.e., person who has explosive’s and injures a passer by]  Occupier’s liability: cannot leave things lying around that can harm people [i.e., ice on driveway]  Vicarious liability: person in authority over another [i.e., teachers responsible for negligent act of students]

9.  Foreseeability : a person’s ability to anticipate the specific result of an action.  If a court decides that a reasonable person should have been able to predict, or foresee, the injury created, the defendant can be found liable.

10.  Causation : occurs when the defendant was in breach and the defendant’s actions directly led to the plaintiff’s injuries or loss.  If it is not straightforward, use test: ◦ But-for test: would the injury have taken place but for the defendant’s negligence ◦ For example: person driving friends car, the brakes are bad so ends up hitting pedestrian –both driver and friend will be held liable.

11.  Must prove what damages occurred  Defendant is not liable for all damages, they use foreseeability test: 3 parts: ◦ 1. remoteness of damages rule: wrongdoer must be able to foresee the kind of injury victim could suffer, if can’t, it is too remote for compensation ◦ 2. thin-skulled plaintiff rule: wrongdoer takes victim as he/she finds him/her ◦ 3. intervening cause rule: if doctor fixes broken leg and damages it permanently, person who breaks it pays for his share, rest by the doctor

13.  There are four common defences to negligence: 1. Contributory negligence 2. Voluntary assumption of risk 3. Inevitable accident 4. Participation in illegal activities **The best possible defence to negligence is to argue that no negligent action occurred at all.

14.  Contributory negligence occurs when the alleged victim created at least part of the harm that he or she ended up suffering.  This defence is often used in lawsuits involving motor vehicle accidents. ◦ For example, if one driver was speeding and another ran a stop sign, both drivers are negligent.  Courts use actual percentages to determine responsibility.

15.  If person is in a situation they should be aware of the risk; knowingly accepting factors that may cause harm or injury. ◦ Common examples include contact sports, extreme sports, and stunts.  For many high-risk activities, a waiver is required to minimize potential lawsuits. ◦ A waiver is a document that releases or excuses a party from liability if an accident or injury occurs (e.g. a hockey league makes players sign a waiver).

16.  Also referred to as “act of God,”  Use to argue that although an accident occurred, it was not anyone’s fault. ◦ Example: If an accident occurs after a vehicle struck by lightning, it is difficult to assign blame or argue that the resulting harm was foreseeable.  Inevitable accident means that the harm could not have been reasonably prevented.

17.  Participation in illegal activities are not eligible for compensation ◦ For example, if a store owner left a slippery puddle and a thief who breaks in at night ends up injuring himself.