Contents: Element 1: Breach of Duty 2 1. Determine the standard of care, and whether the defendant’s act/omission fell below it 2 2. Determine whether the risk was foreseeable and not insignificant 2 3. Determine how the reasonable person would have responded by applying the calculus of negligence 3 Element 2: Causation AND Remoteness 5 1. Determine whether the harm was caused by the defendant’s negligence 5 2. Determine whether there was an intervening act 6 3. Determine whether the defendants conduct was reasonably close to the plaintiffs harm 6 Defenses 8 1. Determine whether the plaintiff contributed to the harm – contributory negligence 8 2. Determine whether the plaintiff voluntarily assumed the risk – voluntary assumption of risk (Volenti non fit injuria) 9 3. Determine whether the risk was obvious or the plaintiff was undertaking a dangerous recreational activity 9 4. Determine whether the plaintiff was undertaking an illegal activity 10 Vicarious Liability 11 1. Determine whether there is a requisite relationship that imposes responsibility upon the third party for the conduct of the tortfeasor 11 2. Was the employee acting in the course of their employment? 11 Non-delegable Duty 12 Breach of Statutory Duty 13 Damages 14 1. General Principles 14 2. General and Special Damages 14 3. Economic Loss 14 4. Non-economic Loss 15