What is the standard for determining whether a party has breached a duty of care and is negligent?
Ontario, Canada
The following excerpt is from Beatty v Waterloo (Regional Municipality), 2011 ONSC 3599 (CanLII):
Whether a party has breached a duty of care and is negligent is measured against the standard of a reasonable person in the circumstances. The standard is an objective one and does not account for the subjective characteristics of the individual, although parties with superior or specialized knowledge may be held to a higher standard. The standard may also be guided by custom and usage, statutory guidelines, the reasonableness of the risk and contractual terms (See Ryan v. Victoria (City), [2006] 1 S.C.R. 201 at para. 28).
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