What is the legal analysis of liability for negligence?
British Columbia, Canada
The following excerpt is from Gregoire v. Fusion Hospitality Inc., 2019 BCCRT 409 (CanLII):
18. I turn to the legal analysis of liability. In order to succeed in a claim of negligence, the applicant must prove each of the following on a balance of probabilities: a. The respondent owed the applicant a duty of care; b. The respondent breached the standard of care; c. The applicant sustained a loss; d. The respondent’s breach of the standard of care caused the applicant’s damages, in fact and law. Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at paragraph 3
"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
How has the law of negligence been distinguished between negligence and negligence? (British Columbia, Canada)
What is the effect of the Court of Appeal's recent analysis of political content in the context of the City of Montreal analysis? (British Columbia, Canada)
Are policy and legislative decisions immune from liability in negligence? (British Columbia, Canada)
What is the test for determining liability under the Negligence Act? (British Columbia, Canada)
What are the applicable legal principles for negligent police investigation? (British Columbia, Canada)
What are the requirements for tort liability for misrepresentation in the context of a claim of negligent misrepresentation? (British Columbia, Canada)
What is the test for determining liability in negligence in a motor vehicle accident? (British Columbia, Canada)
What is the legal background to s. 71 of the Legal Profession Act? (British Columbia, Canada)
What is the standard of care required by the courts to avoid liability for negligent conduct? (British Columbia, Canada)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (British Columbia, Canada)
