Chapter 11

Question 1

What 3 things does the plaintiff need to prove?

Answer 1

Duty of Care, Breach of Standard Care, Causation of Damages

Question 2

What is Duty of Care?

Answer 2

Responsibility owed to avoid carelessness that causes harm to others, if a reasonable person can foresee the risk of harm they owe them a DOC

Question 3

What is a Breach of Standard Care?

Answer 3

Requires one to behave as a “reasonable person” would in the same situation, based on previous cases and experts

Question 4

What is the Causation of Damages?

Answer 4

Relationship between defendant and plaintiff’s injury, Uses the “But For” Test. Would the harm not occurred BUT FOR the defendant’s actions?

Question 5

What is Contributory Negligence? (Defences)

Answer 5

Putting the plaintiff back into the position before they were injured

Question 6

What is Voluntary Assumption of Risk? (Defences)

Answer 6

Liability doesn’t exist as plaintiff agreed the risk of the activity, hard to meet this defence