How does the doctrine of negli gence apply when a defen dant causes damage to property where the damage was not caused by the defen-dant?
Manitoba, Canada
The following excerpt is from Bachalo v. Robson et al., 1997 CanLII 22862 (MB QB):
In Eady v. Tenderenda (1974), 3 N.R. 26; 9 N.S.R.(2d) 444 (S.C.C.), at p. 460, de Grandpr6, J., said that: "The doctrine applies (1) when the thing that inflicted the damage was under the sole management and control of the defen dant ... (2) the occurrence is such that it would not have happened without negli gence ... (3) there must be no evidence as to why or how the occurrence took place."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a child entitled to damages under the doctrine of common law damages under which they are not entitled? (Manitoba, Canada)
Is Mani-toba liable in damages for damage caused by the drainage activities of Mani toba? (Manitoba, Canada)
Does a joint tenant of a commercial property have to pay occupation rent to the owner of the property, even if there is one joint tenant who abandons the property? (Manitoba, Canada)
In what circumstances will an insurer be permitted to apply for relief in its own name and to be added as a co-defendant? (Manitoba, Canada)
Is there a new cause of action for punitive damages? (Manitoba, Canada)
What is the range of damages in a personal injury action brought by a defendant who assaulted a plaintiff on a dark country road? (Manitoba, Canada)
Does the doctrine of mootness apply to an action or proceeding? (Manitoba, Canada)
In what circumstances will a golf club be liable for damage caused to the windshield of a car by an errant golf ball? (Manitoba, Canada)
Does the doctrine supporting finality of court decisions apply equally to decisions made by administrative officers or tribunals? (Manitoba, Canada)
What is the test for establishing that a defendant is not a party to a cause of action? (Manitoba, Canada)
