BU231 Lecture Notes - Lecture 8: Manulife, Product Liability, The Injury
Document Summary
Behaviour that is not done deliberately or on purpose; an accident. Negligence negligence is the careless causing of harm to the person or property of another: not done intentionally, careless act, thoughtlessly, they are still at fault should have thought but didn"t. Three part test for negligence: 1) the defendant owed the plaintiff a duty of care, 2) the defendant breached that duty of care by falling below the standard of care; and, 3) the defendant"s actions caused the injury. Then you owe the neighbour the duty fo care but if you are playing with an elastic and he is not in the room then you dont. Donaghue v. stevenson [1932: birth of negligence and product liability (2 part: proximity and foreseability) City of kamloops v. nielsen [1984] 2 s. c. r. No one, it is not like rbc, manulife, etc: the risk on the auditor for those companies is outrageous, no one would want to do it.
