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Legal Studies

LGS3040 Negligence

Advanced · 1 credit · HRH - Health, Recreation, and Human Services

Description
Students explore the legal meaning of negligence and legal actions relating to negligence.
Prerequisite
None
Supporting courses
LGS1010: Private Law LGS1020: Public Law LGS1030: Relationship Law

Outcomes The student will:

  • 1 explain what constitutes negligence

    • 1.1 describe the evolution of the legal area of negligence

    • 1.2 outline the elements that make up the legal concept of negligence

  • 2 examine duty of care

    • 2.1 describe the neighbour principle

    • 2.2 identify relationships where duty of care issues can arise; e.g., drivers on the roadway, teacher/student, doctor/patient, manufacturer/consumer

  • 3 examine standard of care

    • 3.1 define the doctrine of the standard of care of the “reasonable person” and foreseeability

    • 3.2 explain how the doctrine of the “reasonable person” applies to special categories; e.g., minors, professionals, experts

    • 3.3 investigate the concept of breach of standard of care

  • 4 investigate causation

    • 4.1 explain the link between the breach and damage; e.g., proximate cause

    • 4.2 discuss situations with multiple causes, considering:

      • 4.2.1 apportionment of liability between defendants

      • 4.2.2 the balance of probabilities

    • 4.3 explain the principle of contributory negligence

  • 5 examine damages and remedies

    • 5.1 describe loss or injury as an element of negligence

    • 5.2 identify the types of damages for which a person may claim compensation

  • 6 consider defenses

    • 6.1 identify which party in a lawsuit has to prove on the balance of probabilities whether the elements of negligence have been proven

    • 6.2 explore which elements of negligence are more difficult to prove in a given situation; e.g., car accident, medical malpractice, slip and fall

  • 7 describe the structure and process of the civil court

    • 7.1 prepare documents required to take action in Provincial Court

    • 7.2 prepare documents required to defend action in Provincial Court

    • 7.3 consider methods of enforcing judgments

  • 8 consider special types of negligence

    • 8.1 define what constitutes voluntary assumption of risk

    • 8.2 explain the special situations under which certain types of liability are imposed; e.g., strict, vicarious, occupiers’ liability, waivers

  • 9 demonstrate basic competencies

    • 9.1 demonstrate fundamental skills to:

      • 9.1.1 communicate

      • 9.1.2 manage information

      • 9.1.3 use numbers

      • 9.1.4 think and solve problems

    • 9.2 demonstrate personal management skills to:

      • 9.2.1 demonstrate positive attitudes and behaviours

      • 9.2.2 be responsible

      • 9.2.3 be adaptable

      • 9.2.4 learn continuously

      • 9.2.5 work safely

    • 9.3 demonstrate teamwork skills to:

      • 9.3.1 work with others

      • 9.3.2 participate in projects and tasks

  • 10 create a transitional strategy to accommodate personal changes and build personal values

    • 10.1 identify short-term and long-term goals

    • 10.2 identify steps to achieve goals

Program of Studies 2010. Source document, © Alberta Education.