LAW 122 Chapter 6: Law122 Chapter 6

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

Document Summary

The tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. The issue can arise in numerous ways, for example: a manufacturer producing a beverage that makes customers sick, an investment counsellors bad advice may lead a client to purchase worthless stocks, etc. There are 3 important defences to avoid liability. If this duty of care is not present, there cannot be a liability, even if the defendant carelessly injured the plaintiff. If both these conditions are met, then a duty of care presumably exists. The judge might still deny the duty of care based on. Policy reasons: reasonable foreseeability test is subjective. The issue is whether a reasonable person in the defendant"s position would have recognized that possibility. It would be unfair to deny compensation because the defendant was unaware of danger. The plaintiff should not have to suffer simply because the defendant was not paying attention.