Kinesiology 4473A/B Study Guide - Final Guide: Contributory Negligence, Punitive Damages, Bowling League

• School: Western University
• Department: Kinesiology
• Course: Kinesiology 4473A/B
• Professor: Mac Ross

Document Summary

Raquel moses: explain the elements and defenses of negligence, using cases from class for context. Negligence is an unintentional tort that results from one"s failure to behave like a reasonable person. The seven elements of proving one has committed a negligent act include: duty of care, standard of care, breach, causation, remoteness, damages and defenses. As humans we have an obligation not to harm others. The standard of care encompasses the degree of care owed to another which can vary in context and circumstances. Once it is established that these elements have not been satisfied, it must be proven that breaching the standard of care caused said harm. There are four defenses one may use in recourse to the negligent act. A voluntary assumption of risk provides that the plaintiff engaging in certain proceedings ought to have assumed the risks associated with their endeavours; thereby expressing or implying consent.