ADM 3360 Chapter 11: Ch. 11 – The Tort of Negligence
3 Dec 2016
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Negligence: careless act that causes harm to another. Duty of care: responsibility owed to avoid carelessness that causes harm to others. Neighbour principle: you must take reasonable care to avoid acts or omissions which you can reasonable foresee would be likely to injure you neighbour. Neighbour: persons who are so closely and directly affected by your act that you ought reasonably to have them in contemplation as being affected when you are about to do a particular act or omission). If similar situation have happened to the court before, the first stage can be skipped and the plaintiff can proceed directly to step 2. Remoteness of damage: the absence of a sufficiently close relationship between the defendant"s action and the plaintiff"s injury. Thin skull rule: principle that a defendant is liable for the full extent of a plaintiff"s injury, Even where a prior vulnerability makes the harm more serious that it would otherwise be.
