Law 2101 Lecture Notes - Lecture 32: Contributory Negligence, Hertfordshire Gaa, Artificial Insemination
Document Summary
Big businesses, crowded cities, more cars, etc. Rise of insurance which often only covers accidental injuries. Expansion of legal principles in the favour of the plaintiff. United states vs canada: liability is generally the same, two most important differences: Elements of a claim in negligence: duty of care. General rules: a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. Donoghue v. stevenson: snail in a bottle of ginger beer. Application of test mom and pop v walmart. Conductor owed duty to passenger: example 2 (ms. palsgraph v railway) No duty owed, not reasonably foreseeable: the standard of care and its breach, causation, remoteness of damages, actual damage, defences. Only thing that needs to be proven by the plaintiff. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
