LAW 122 Lecture Notes - Lecture 4: Contributory Negligence, Professional Negligence In English Law, Liability Insurance
13 Feb 2018
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Balancing of interests flexible balancing of social values compensation for carelessly caused harm encouragement of socially useful activities flexibility required at each stage of analysis. Plaintiff must prove: duty of care should the defendant have been careful toward the plaintiff, breach of standard of care how careful should the defendant have been, causation of harm was the damage actually caused by defendant? https://de. ryerson. ca/de_courses/templates/m/?c=fb87582825f9d28a8d42c5e5e5e8b23d. 2017-09-25, 9*37 pm the plaintiff is entitled to expect reasonable conduct. Have a look at business decision 6. 1 on page 138 in the textbook and answer the questions there. Check you answer: if the courier had neither actual nor constructive knowledge of mercury"s losses, it would not be fair to hold it liable. First, the defendant cannot sensibly take precautions to prevent an injury that is unforeseeable and unpredictable. And second, the defendant has no way of knowing how to arrange liability insurance for an unforeseeable injury. Remember that the reasonable foreseeability is an objective test.
