LAW 122 Lecture 4: LAW122 Week 4 Ch6
1 Dec 2016
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Document Summary
Test for determining the existence of duty of care. The standard of care for professional negligence. The standard of care for manufactured products: product liability. Negligence- (cid:862)(cid:272)a(cid:396)eless(cid:374)ess(cid:863): dete(cid:396)(cid:373)i(cid:374)es (cid:449)hethe(cid:396) the defe(cid:374)da(cid:374)t (cid:272)a(cid:374) (cid:271)e held lia(cid:271)le fo(cid:396) (cid:272)a(cid:396)elessl(cid:455) (cid:272)ausi(cid:374)g i(cid:374)ju(cid:396)(cid:455) to the plaintiff. Even if these 3 elements are proven, the defendant may be able to avoid liability by proving a defence. Defendant may show that the plaintiff: was guilty of contributory negligence that caused or contributed to the injury, voluntarily assumed the risk of being injured by the defendant, was injured while engaged in some form of illegal behaviour. Purpose: to compensate for harmful, risky actions conducted carelessly, but allow for careful risk-taking. Professional negligence: refers to negligence that is committed by a professional person (such as a banker, a lawyer or an accountant. Cause of action in negligence is flexible enough to reflect different types of situations.
