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20 Cards in this Set
- Front
- Back
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3 elements established to determine Negligence: |
A duty of care exists Breach of that duty occurred Causal relationship between the breach & damages is shown |
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Prima Facie |
Means 'on the face of it' or 'at first glance' |
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Blyth vs. Birmingham Water Works |
Negligence |
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Negligence |
The omission to do something which a reasonable person would do or doing something a prudent person would not do |
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Duty of Care |
Used in tort law to consider whether defendants owe an obligation to conduct themselves with care towards the injured party who initiated the lawsuit |
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Donoghue vs. Stevenson |
Neighbour principle (drank ginger beer a friend bought and found decomposed snail in the bottom and sued the manufacturer) |
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Standard of Care |
What is reasonable conduct depends on standards applied to persons within the same category (surgeons compared to surgeons) |
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What 2 provinces do NOT have Occupiers Liability legislation in effect: |
New Brunswick & Newfoundland -Common law prevails Saskatchewan has specific legislation governing the liability of occupiers to hunters & snowmobiles but is otherwise governed by common law as well |
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4 main categories of entrants developed in law: |
Trespasser Licensee Invitee Contractual entrant |
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Trespasser |
One who wrongfully enters onto someone's land with neither the right nor permission to be there -The lowest level of duty is owed to a trespasser |
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Venoit vs Kerr-Addison Mines Ltd the Supreme Court of Canada set out a list of factors to consider in determining whether an occupiers duty to trespassers had been breached: |
-Gravity of probable injury -Likelihood of probable injury -Character of the intrusion/trespass -Nature of premises trespassed upon -Knowledge the occupier had (or ought to have had of the likelihood of a trespassers presence) -Cost to the occupier of preventing the harm |
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Licensee |
Person who enters upon land with the consent of the occupier (ex. Someone asking to fish on the occupiers land) |
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Invitee |
Person who enters the premises with permission when the occupier has a financial or material interest (ex. Store) -Occupier owes the greatest duty of care to an invitee |
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Contractual entrant |
Person who enters the premises under w contract with the occupier (ex. Hotel guest, theatre goer) |
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Strict Liability for Occupiers |
Permits a tort action to succeed against an occupier without having to prove negligence for unintended harm In Rylands vs Fletcher strict liability was imposed on an occupier who brought dangerous things onto the premises that later escaped & damages adjoining property |
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Establishing Strict Liability (Rylands vs Fletcher) |
-Occupier used the land in a way that changed its natural form or use -Occupier brought something onto the land that was likely to do mischief if it escaped -The escape of a dangerous thing did occur -The escape resulted in damage to the plaintiff |
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Duty of Care Legislation |
Most provinces have enacted statute law that governs occupiers liability. These take precedence over the common law |
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T or F: The occupier, not the owner, is usually held liable |
True |
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Hold Harmless & Indemnity Provisions are used together for: |
Transferring liability from where it would normally lie to someone else |
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Bailor vs Bailee |
Bailor is the owner of property who temprlorarily the possession of property to another. Bailee is the party who receives the property for an agreed temporary period of time --When a bailment occurs, the pins shifts to the bailee to disprove negligence |
