Study 3 Flashcards
What is a key factor that can change the outcome of a NEGLIGENCE trial?
The DEFENCES used!
In a TORT case, who must prove that harm was caused by a breach of STANDARD OF CARE?
The PLAINTIFF (unless the duty shifts).
What can cause the ONUS OF PROOF to shift from the PLAINTIFF to the DEFENDANT?
The RELATIONSHIP between parties and STATUTE LAWS.
What does the introduction discuss besides defence options?
How a shift in ONUS OF PROOF affects a lawsuit’s STRENGTH.
What can DEFENCE OPTIONS do in a NEGLIGENCE trial?
CHANGE THE OUTCOME!
What are some defences to NEGLIGENCE? (Name at least 3)
DENIAL, ACT OF GOD, CONTRIBUTORY NEGLIGENCE (or any others from the list).
What is a key difference between STRICT LIABILITY and ABSOLUTE LIABILITY?
STRICT LIABILITY has DEFENCES, ABSOLUTE LIABILITY does NOT!
What are the three ways a defendant can use DENIAL as a defence?
DIDN’T DO IT, NOT NEGLIGENT, NO INJURY.
What must the defendant prove in a REMOTENESS OF DAMAGE defence?
Their actions were NOT the PROXIMATE CAUSE of harm.
What Latin phrase describes an INTERVENING EVENT that breaks the chain of causation?
NOVUS ACTUS INTERVENIENS (a fancy way to say “not my fault anymore!”).
In an INEVITABLE ACCIDENT defence, what must the defendant prove?
The accident was UNAVOIDABLE and beyond their CONTROL.
Why did Mr. Youngs win his case in Ryan v. Youngs but Mr. Wright lost his in Telfer v. Wright?
Youngs had NO WARNING of a heart attack, Wright KNEW he had a problem!
What is the NO DUTY OWED defence?
The DEFENDANT DIDN’T OWE THE PLAINTIFF A DUTY OF CARE!
In Cooper v. Hobart, why was the REGISTRAR OF MORTGAGE BROKERS not liable?
Not ENOUGH PROXIMITY to the investors.
How does the EMERGENCY defence work?
Defendant acted in a SPLIT-SECOND to avoid danger (but still caused damage).
What is an ACT OF GOD defence?
An UNPREDICTABLE NATURAL EVENT caused the harm! (Sorry, no suing Mother Nature).
What is VOLUNTARY ASSUMPTION OF RISK also known as?
VOLENTI NON FIT INJURIA (If you accept the risk, don’t complain later!).
What two things must a defendant prove for a successful VOLENTI defence?
PLAINTIFF KNEW THE RISK & ACCEPTED IT LEGALLY.
When might a DISCLAIMER work as a defence?
If the PLAINTIFF ACTUALLY READ & UNDERSTOOD IT.
What does CONTRIBUTORY NEGLIGENCE do to a plaintiff’s damages?
REDUCES THEM based on the PLAINTIFF’S OWN FAULT.
What happens if a plaintiff misses the LIMITATION PERIOD?
TOO BAD—NO LAWSUIT FOR YOU!
What is STRICT LIABILITY based on?
The DEFENDANT KEPT A DANGEROUS THING and it ESCAPED!
What famous case established STRICT LIABILITY?
RYLANDS V. FLETCHER (1868)
Give an example of a STRICT LIABILITY scenario.
A RESERVOIR OVERFLOWS and FLOODS a mine!
What are some DEFENCES to STRICT LIABILITY?
ACT OF GOD, PLAINTIFF’S OWN ACTIONS, THIRD-PARTY INTERFERENCE.
What does ABSOLUTE LIABILITY mean?
NO DEFENCE—YOU’RE LIABLE, PERIOD!
What law in ONTARIO imposes ABSOLUTE LIABILITY for environmental spills?
The ENVIRONMENTAL PROTECTION ACT.
In the TANKER SPILL example, who had to clean up the mess?
THE TANKER OWNER—even though another car caused the accident!
What is the ONUS OF PROOF in law?
The responsibility to prove a fact in a case. (Latin name: ONUS PROBANDI—sounds fancy, means “your problem.”)
Who usually has the ONUS OF PROOF in a negligence case?
The PLAINTIFF—they must prove the defendant was negligent.
In what cases does the ONUS OF PROOF shift to the defendant?
When a STATUTE, a BAILEE relationship, RES IPSA LOQUITUR, SCIENTER, or STRICT LIABILITY applies.
How can STATUTES shift the ONUS OF PROOF?
Laws can say the DEFENDANT must prove they were NOT negligent.
Who has the burden of proof if a car hits a pedestrian?
The DRIVER—they must prove they were NOT negligent. (Better have a dashcam!)
What is a BAILEE?
Someone who temporarily holds property for another (e.g., a mechanic with your car).
When does a BAILEE have the ONUS OF PROOF?
When charging for a service, they must prove they DIDN’T damage the item.
If a car falls off a lift at a garage, who must prove negligence?
The GARAGE must prove they WERE NOT negligent. (Good luck with that.)
What are the two requirements for RES IPSA LOQUITUR?
1) The thing that caused harm was in EXCLUSIVE CONTROL of the defendant.
2) The harm couldn’t have happened WITHOUT NEGLIGENCE.
If an object falls from a factory window and injures someone, who has the ONUS OF PROOF?
The FACTORY—they must prove they weren’t negligent. (Good luck explaining that!)
Why do plaintiffs use RES IPSA LOQUITUR against manufacturers of dangerous products?
To shift the ONUS OF PROOF to the DEFENDANT (e.g., poison makers can’t just say “Oops!”).
What does SCIENTER mean?
If an animal has a history of aggression, the OWNER is STRICTLY LIABLE for damages.
When is an ANIMAL OWNER responsible under SCIENTER?
If they KNEW the animal had a history of dangerous behavior.
What does “strict liability” mean for dog owners?
Owners are AUTOMATICALLY LIABLE if their dog bites someone—no need to prove negligence.
What does Ontario’s Dog Owners’ Liability Act say about dog attacks?
The owner is STRICTLY LIABLE, unless the person was committing a crime at the time.
If a burglar is bitten by a dog while robbing a house, is the owner liable?
NO, unless the owner’s actions were unreasonably extreme. (Guard dogs: 1, burglars: 0.)
What does the GOOD SAMARITAN DOCTRINE do?
Protects VOLUNTEER RESCUERS from being sued for ordinary negligence.
Do GOOD SAMARITAN LAWS create a duty to rescue?
NO, they just protect those who choose to help.
When can a GOOD SAMARITAN still be held liable?
If they act with GROSS NEGLIGENCE—more than just carelessness.
What is GROSS NEGLIGENCE?
Willful or reckless disregard for others’ safety. (Think: “Hold my beer” level bad.)
Can you sue a GOOD SAMARITAN for an honest mistake while rescuing you?
NO, unless they were RECKLESS (e.g., setting you on fire instead of saving you).
A factory worker drops a wrench from the roof, hitting a pedestrian. What doctrine applies?
RES IPSA LOQUITUR—the factory must prove they weren’t negligent.
A garage loses a customer’s car. Who must prove negligence?
The GARAGE—as a BAILEE, they must prove they weren’t negligent.
Someone sues a Good Samaritan for breaking their rib while giving CPR. Who wins?
The Good Samaritan, unless they acted with GROSS NEGLIGENCE.
A dog bites a delivery driver. Who has the ONUS OF PROOF?
The OWNER—strict liability under the Dog Owners’ Liability Act.
A pedestrian is hit by a car. Who must prove negligence?
The DRIVER—on them to prove they weren’t negligent.
A person drinks poison labeled “harmless.” Can they use RES IPSA LOQUITUR?
YES—the manufacturer must prove the poison wasn’t defective.
A rescuer accidentally dislocates someone’s arm while saving them. Can they be sued?
NO, unless they were RECKLESS. (Better a sore arm than no arm!)
What happens if a plaintiff provides direct evidence of how an accident occurred?
RES IPSA LOQUITUR DOESN’T APPLY—the case is decided on DIRECT EVIDENCE.
What’s the easiest way to remember ONUS OF PROOF?
If you’re ACCUSING, you must prove it… unless the law says otherwise!
What is a common defense for negligence?
Arguing there was NO DUTY OF CARE owed to the plaintiff.
What is another way defendants can avoid liability?
Proving they exercised REASONABLE CAUTION given the situation.
What is CONTRIBUTORY NEGLIGENCE?
When the PLAINTIFF’s own actions PARTLY CAUSED their injury. (“Oops, my bad.”)
How does CONTRIBUTORY NEGLIGENCE affect damages?
It can REDUCE the damages the defendant has to pay. (Like a group project where everyone messed up.)
What is VOLENTI NON FIT INJURIA (aka VOLENTI)?
“You knew the risk and did it anyway!” (e.g., skydiving lawsuits don’t work well.)
When can a defendant use VOLENTI as a defense?
If the plaintiff WILLINGLY ACCEPTED a known risk.
What is STRICT LIABILITY?
Liability WITHOUT needing to prove negligence.
What must a plaintiff prove in a STRICT LIABILITY case?
Just that the TORT OCCURRED and the DEFENDANT WAS RESPONSIBLE.
When is STRICT LIABILITY applied?
When something DANGEROUS escapes and causes harm (e.g., wild tigers, toxic waste, or your pet velociraptor).
How does ABSOLUTE LIABILITY differ from STRICT LIABILITY?
Absolute liability means NO EXCUSES—you’re guilty even if you took precautions.
Give an example of ABSOLUTE LIABILITY.
Owning a dangerous object (e.g., a hazardous chemical) and being responsible for any harm it causes.
Can a defendant argue they took precautions in an ABSOLUTE LIABILITY case?
NO! (It’s basically “too bad, so sad” in legal form.)
What is a LIMITATION DEFENSE?
A claim that the TIME LIMIT for suing has EXPIRED. (“You’re too late, pal.”)
Who sets LIMITATION PERIODS for lawsuits?
Each PROVINCE AND TERRITORY.
Who must ensure a lawsuit is filed on time?
The PLAINTIFF—or they might get stuck with a LIMITATION DEFENSE.
How can STATUTE LAW shift the ONUS OF PROOF?
It can FORCE DEFENDANTS to prove they WERE NOT negligent.
In a negligence case, who normally has the ONUS OF PROOF?
The PLAINTIFF.
What happens if the ONUS OF PROOF shifts?
The DEFENDANT must prove they were NOT negligent. (The legal equivalent of “prove you DIDN’T do it!”)
When might STATUTE LAW shift the burden to a DEFENDANT?
In cases involving DANGEROUS ACTIVITIES, workplace safety, or strict regulations.
What’s a good way to remember ONUS OF PROOF?
If you’re accused, you USUALLY have to defend yourself—unless the law says otherwise!
