Format
Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.
Background
Being sued for negligence is a risk for both businesses and individuals. Unless proper care is taken in going about business or personal activities, a claim for negligence may be made if harm or injury is caused to others. Businesses are particularly exposed to this risk because they can be sued not only for what the business has or has not done (e.g., failing to train an employee properly) but also for the carelessness of its employees (e.g., whether or not they have been properly trained or equipped), according to the principle of vicarious liability.
In practice, businesses and individuals often obtain liability insurance, which is designed to provide protection if claims for negligence are made against them. Such insurance typically covers the cost of legal representation and payment of the damages that may be awarded if the claim is upheld by the court. Nevertheless, businesses incur substantial costs in assisting to defend such claims, for example, by providing evidence and the testimony of employees as witnesses. There may also be an adverse impact on business reputation or brand if the matter is brought to the attention of the public.
Instructions
Find online a major news story about a serious accident that happened in Canada involving a business that may result in a lawsuit alleging negligence. Use a freely accessible website such as CBC News or CTV News . Do not choose a report about a court decision or a story about an accident primarily involving injury to an employee, because there are special laws (Workers Compensation legislation) governing such situations. Read the story carefully, and then copy and paste a working link to it into your assignment.
Explain how a Canadian court decides whether the defendant in a negligence claim owes a duty of care to the plaintiff.
Assume you are assisting the plaintiff in a claim for negligence arising out of the facts given in the news story. Make an argument that could be presented to the court that the defendant owed the plaintiff a duty of care.
Explain the “reasonable person” test used by the courts to decide whether the defendant breached the standard of care required in the circumstances of a case.
Assume you are assisting the defendant in a claim for negligence arising out of the facts given in the news story. Make an argument that could be presented to the court that the defendant did not breach the standard of care required in the circumstances of the case.
Describe the defences that may be available to a defendant in a claim for negligence and their effect on the plaintiff’s claim if they are upheld.
Assume you are assisting the defendant in a claim for negligence arising out of the facts given in the news story. Make an argument that could be presented to the court that the defendant should not be held liable to the plaintiff because of one of the defences you have described.
Use the marking rubric below to structure your assignment submission.
Guidelines
You must refer to the facts given in the story, but you may also suggest facts that might be proven through further investigation. Be clear in your argument which type of fact you are talking about.
When you are stating the applicable law (presentation of definitions, explanations of concepts, statements of rules, tests, etc.), support them by referenced quotations from the textbook.
Your arguments should be plausible and consistent with the facts given, but they will not be evaluated on how persuasive they are. The intent of this assignment is to help you develop the ability to recognize business risks, not require you to act like a lawyer.
