Chapter 2 Flashcards
A plaintiff is entitled to succeed if three rules are followed to satisfaction of the court which are?
A: a duty of care exists
B: breach of that duty occurred
C: casual relationship between the breach and damages is shown
What does prima facie stand for? Explain it
Prima facie meaning “on the face of it” or “at first glance”
When a prima facie case has been established, the court presumes that the information is true until or unless evidence is introduced to the contrary
Describe a reasonable person
Not an extraordinary or unusual person
Not superhuman
Not required to display the highest skill of which anyone is capable
Not a genius who can perform unusual feats
Not possessed of unusual powers of foresight
What case is most frequently cited for the description of a reasonable person?
Arland vs Taylor
Define duty of care
The obligation that a person has to exercise reasonable care with respect to the interests of others, including protecting them from harm
What case is use to illustrate duty to your neighbour?
Donoghue vs Stevenson- involved a bottle of ginger beer that was purchased for a friend. The friend drank it and discovered the decomposed remains of a snail it the bottle.
What are the four main categories of entrants?
Trespasser
Licensee
Invitee
Contractual entrant
Define trespasser and what duty is owed
A person who wrongfully enters onto someone else’s land with neither the right nor permission to be there
The occupier must treat the trespasser with common humanity
What case is used to illustrate the occupiers duty owed to a trespasser?
Veinot vs Kerr-Addison Mines
Define licensee and what duty is owed by the occupier?
A person who has permission to enter a premises for his or her own purposes
An occupier has a duty to protect a licensee from known concealed traps or dangers. An example of a licensee is a person given permission to enter a venue such as a concert
Define invitee and what duty is owed by the occupier?
A person who is expressly or implied invited onto the premises for some purpose involving economic benefit to the occupier of the premises. For example a customer entering a store.
The occupier owes the greatest duty of care to an invitee. The occupiers duty is to exercise reasonable care to prevent damage to such a person from usual danger of which the occupier knows or ought to have known.
What is the main difference between an invitee and a licensee?
The licensee is there for his or her own enjoyment, whereas an invitee is there for the benefit of the property owner
Define contractual entrant and what duty of care is owed by the occupier?
A person who enters onto premises under a contract with the occupier. For example a hotel guest or theatre-goer
The occupiers duty is as specified in the contract. If the contract does not specify the occupiers obligations regarding the entrants safety, the contract is said to have an implied (unwritten) term to the effect that the premises are as safe for the purpose as reasonable care and skill on the part of anyone can make them.
Define strict liability
Liability imposed by a court or by a statute in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, hazardous, extraordinary, abnormal, or inappropriate
What case is used as an example of strict liability?
Rylands vs Fletcher
Using Rylands vs Fletcher to establish a case of strict liability, the plaintiff must show what?
The occupier used the land in a way that changed its natural form or use
The occupier brought something onto the land that was likely to do mischief if it (potentially dangers thing) escaped
The escape of the dangerous thing did occur
The escape resulted in damage to the plaintiff
Parents are not generally responsible for the negligence of their children except what situations?
The child was acting on the parents’ expressed instructions or under their authority
The child was employed by the parent and acting within scope of employment
Damage was caused by a dangerous thing or animal that the parents allowed the child to control, such as a motor vehicle
Define bailor
A person entrusting goods to another
Define bailee
In contract and property law, one to whom goods or property are entrusted for a stated purpose. Can be either gratuitous (for no consideration) or for hire (for consideration)
Define bailment
The act of placing or transferring goods from a bailor to a bailee
What rules must be followed to prove a negligence claim based on breach of statute?
The statute must have been breached
The conduct that was a breach of the statute must also have caused the damage for which compensation is sought
The statute must have been intended to prevent the damage that occurred
The person making the claim must be among the group the statue was intended to protect
Define proximate cause
A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without the event would not have happened
Explain special damages
Are awarded for out of pocket (economic) expenses such as medical bills, damaged clothing, and salary already lost.
Special damages compensate plaintiffs for expenses they have already incurred.
Generally plaintiffs would be expected to provide receipts for any such expenditures being claimed.
Explain general damages
Compensate the victim for non-economic, hard to qualify aspects of a claim.
Such damages require the discretion of the judge to fix the amount that will property compensate the injured party.
These damages are calculated by considering, among other factors, the pain and suffering of the injured party, loss of enjoyment of life, future expenses and future loss of salary, and permanent disability
Explain nominal damages
Minimal monetary damages awarded by a court when a legal wrong has occurred but limited or no actual loss has been suffered by the party pursuing the action.
These tend to be awarded in libel, slander or false arrest cases
What case was used to come up with the rules to prove negligence?
Right of Canada vs Saskatchewan Wheat Pool
What case is used as an example of pure economic loss?
Ontario Inc. vs Maple Leafs Foods Inc.
In addition to proximate cause what is required for finding of liability?
Foreseeability
What case was used for an example of foreseeability?
Overseas Tankship Ltd. Vs Morts Dock and Engineering Co.
Define remoteness of damage
A legal test to determine the right to recovery based on the predictability of cause or circumstances. Also called “remote cause”
What case is used as an example for remoteness of damage?
Rankin vs JJ
