What is the test for a reasonably careful and prudent person to make a compassionate offer to a plaintiff on compassionate grounds?

Saskatchewan, Canada


The following excerpt is from Matheson v. Patrick Construction Company, 1953 CanLII 178 (SK QB):

The determination of what a reasonably careful and prudent person should do under certain circumstances is an abstract question and the degree of care and prudence varies according to the facts of each case. I was sympathetically disposed towards the plaintiff throughout the trial and I have reluctantly reached a conclusion that the defendant is not liable; but I was compelled to guard against my natural inclination by the observation of Farwell, L.J. in Latham v. Johnson & Nephew Ltd. [1913] 1 KB 398, 82 LJKB 258, “that sentiment is a dangerous will-o’-the-wisp to take as a guide in the search for legal principles.” However, I am constrained to add that the defendant or its insurers, if any, would do a commendable deed if a gratuitous offer were made to the plaintiff on compassionate grounds.

Other Questions


Can a professional person be liable in tort to other persons than their client for breach of their duty to use reasonable care? (Saskatchewan, Canada)
What is the standard of care and prudence of the careful or prudent parent when a child is injured in a fall? (Saskatchewan, Canada)
What is reasonable and what is reasonable in the context of a claim in a personal injury case? (Saskatchewan, Canada)
What is a reasonable care of the invader towards the invitee and what is the proper standard of care for the visitor? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
What is the test for reasonable care of a visitor who causes damage to a person's home? (Saskatchewan, Canada)
Can a private person who makes an arrest justify doing so by showing that he had reasonable grounds to believe the arrest had been committed? (Saskatchewan, Canada)
What is the test for reasonable care under the rule of “unusual care” in a bank? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
What is the test for a plaintiff to prove reasonable excuse in a motor vehicle accident case? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.