Quiz #3

Question 1

Explain the who is my neighbour case?

Answer 1

Donogue v Stevenson must take care to avoid acts which you can reasonably foresee would injure your neighbour
Neighbour Principle persons who are closely and directly affected

Question 2

Explain how you go about determining if D owes the duty of care to P? Deloitte+Touche v Livent Inc

Answer 2

A) Is damage foreseeable? Foreseeability
B) Is there a close and direct relationship? Proximity
Bourhill v Young
Hill v Hamilton-Wentworth - proximity - close and direct relationship with effect
C) Are there policy considerations outside the relationship of P+D that may neglect imposing Duty of care? Policy considerations
Childs v Desmormeaux
McIntyre v Grigg

Question 3

Explain what floodgates of of litigation means and the cases that go along with it.

Answer 3

Ultramores Corp v Touche One shall not be expose to liability “in an indeterminant amount for an indeterminant time to an indeterminant class”
Other example cases: Cooper v Hobart, Hostlag v Alberta, Edwards v Law Society of Upper Canada