Solution for Business Law in Canada 11th Edition Chapter 5, Problem 1

by Richard A. Yates
585 Solutions 16 Chapters 65304 Studied ISBN: 9780133847130 Business Law 5 (1)

Chapter 5, Problem 1 : 1.                   List and explain what a plaintiff must...

1.                   List and explain what a plaintiff must establish to succeed in a negligence action.


Step-By-Step Solution

1.It must be demonstrated through a reasonable foreseeability test that there was a duty to be careful, and secondly, that there was a failure to live up to that duty. Thirdly, it must be demonstrated that damages or injuries are present and that those injuries were caused by the careless conduct complained of. It must also be clear that the injury was not too remote from the conduct complained of. It should also be noted that the presence of contributory negligence or other unacceptable conduct on the part of the victim, such as voluntarily assuming the risk, may reduce or eliminate any award.


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