LAW 122 Chapter Notes - Chapter 6: Ginger Beer, Contributory Negligence, Reasonable Person

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Theresa Miedema

Document Summary

Nature and function of the concept of a duty of care. Negligence (carelessness): determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. Manufacturer produces a beverage that makes a consumer sick. Investment counsellor"s bad advice leads to a purchase of worthless stocks. Owed a duty of care: required to act carefully toward the plaintiff. Breached the standard of care by acting carelessly. Was guilty of contributory negligence that caused or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant. Was injured while engaged in some form of illegal behaviour. Duty of care + breaches standard of care + causation of loss = liability unless defence. Duty of care: exists if the defendant to use reasonable care to avoid injuring the plaintiff. Without duty of care, there cannot be liability.