Week Two: Negligence and Liability

 

• Negligence - duty of care, breach of that duty, causation, and damages.

• Burden of proof and standard of proof for establishing negligence.

• Duty of care – foreseeability and the long reach of civil liability.

• Breach of the duty of care – standard of care; statutory duties (using the Motor Vehicle Act, R.S.B.C. 1996, c. 333 as an example); codes of conduct; and using the common law to interpret these duties.

• Causation in liability - Clements (Litigation Guardian of) v. Clements 2012 SCC 32.

• Proving negligence and liability in motor vehicle cases: left turn case, emergency situations, and inevitable accidents.

• Apportionment of fault, contributory negligence, and joint and several liability–application of the Negligence Act R.S.B.C. 1996, c. 333 in Aberdeen v. Township of Zanatta et al. 2007 BCSC 993 varied 2008 BCCA 420.

• Secondary liability defences:volenti non fit injuriaand ex turpi causa.

• Vicarious liability(finding the deep pockets): why, how, and when.

• Psychology of persuasion: using the Rules of the Road to prove liability by polarizing the case.
   

• Davies v. Elston,  2014 BCSC 2435 -

  • Supplemental Materials:

    • Examination for Discovery Transcript of Jim Davies

    • Police File

    • Photographs of Accident Scene (Photo 1, Photo 2, Photo 3, & Photo 4)

 

Lecture Notes:

• Week Two