BTC1110 Lecture Notes - Lecture 2: Reasonable Person, Breast Implant, Contributory Negligence
4 Jan 2019
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According to the neighbour principle, a defendant owes a duty of care to anyone who might be reasonably affected by the defendant"s conduct. 62 based on donoghue v. stevenson, the. Canadian courts have developed a unique test for whether a duty of care is owed. In the first place, the judge will ascertain whether or not the duty of care question has already been answered for the particular type of case being litigated. For example, a duty of care is owed by a beverage bottler to a consumer. This is an objective test of whether a reasonable person in the defendant"s position would have recognized the possibility that his activities might injure the plaintiff. The theory is that the plaintiff should not be denied compensation simply because the defendant was not paying attention; on the other hand, it would be impossible for any defendant to foresee all possible dangers.
