To establish that a duty of care is owed to a plaintiff, in cases involving personal injury or property damage, it is necessary to demonstrate that: Select one: a. There was legal proximity between the plaintiff and the defendant. b. The defendant had control over the events that occurred. c. There was reasonable foreseeability of injury to the defendant given the relationship of the plaintiff and the defendant. d. The plaintiff was in a legally vulnerable position.
Question
To establish that a duty of care is owed to a plaintiff, in cases involving personal injury or property damage, it is necessary to demonstrate that:
Select one:
a. There was legal proximity between the plaintiff and the defendant.
b. The defendant had control over the events that occurred.
c. There was reasonable foreseeability of injury to the defendant given the relationship of the plaintiff and the defendant.
d. The plaintiff was in a legally vulnerable position.
Solution
The correct answer is:
c. There was reasonable foreseeability of injury to the defendant given the relationship of the plaintiff and the defendant.
In order to establish a duty of care, it must be shown that the defendant could reasonably foresee that their conduct could cause harm to the plaintiff. This is often referred to as the "reasonable foreseeability" test.
Similar Questions
In order to win a Negligence claim, the plaintiff must prove the defendant owed a duty of care to the plaintiff.Group of answer choicesTrueFalse
Did the Defendant breach the duty of care?
When assessing damages for the breach of a duty of care, which of the following is CORRECT? Select one: a. There are no limits on damages. A defendant is liable for all consequences of their actions. b. The negligence must be the sole cause of the plaintiff's loss. c. The loss must be caused by the breach of the duty of care and also not too remote. d. A clear causal connection between the events that took place and the loss that occurred is enough for the defendant to be liable for all losses caused.
Define ‘duty of care’.
Does duty of care mean that a worker should prevent a person from taking part in what might be perceived as risky activities?Provide a half page response to this question and address duty of care, dignity of risk and the rights of people receiving individualised support to make decisions
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.