LAW 122 Chapter Notes - Chapter 6: Contributory Negligence

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Mario Silva

Document Summary

Describe the nature and function of the concept of duty of care. Tort of negligence determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. A duty of care exist if the defendant is required to use reasonable care to avoid injuring the plaintiff. If yes to both then duty of care exists, judge may deny it on the basis of policy reasons. Explain the term reasonable foreseeability and explain the ways in which that concept is relevant to the tort of negligence: reasonable foreseeability test is objective, determine whether a reasonable person would recognize a possibility of injury. Explain why the concept of proximity is important to the duty of care, especially in the context of claims for negligent statements. Explain the role of policy under the duty of care concept, especially as it applies to the regulation of professions.