What is the test for determining whether a third party has been negligent in causing the injury of a plaintiff by accident?
Alberta, Canada
The following excerpt is from Tong v. Bedwell, 2002 ABQB 213 (CanLII):
As stated by Estey, J. in Shafer v. Jones, 1948 CanLII 32 (SCC), [1948] S.C.R. 166, at 170 - 171:- The foregoing authorities emphasize again the principle that the intervening conscious act of a third party will break the line of causation and relieve the party who may be otherwise negligent of liability, unless to a reasonable man in the same circumstances that conscious act would have been foreseeable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a plaintiff has a right to claim compensation for injuries sustained in a motor vehicle accident? (Alberta, Canada)
What is the test for determining whether a defendant is liable for any injuries caused or contributed to by their negligence? (Alberta, Canada)
What is the test for determining whether there is no scientifically proven cause or causes of fibromyalgia? (Alberta, Canada)
What is the test for determining whether a defendant contributed to a plaintiff’s injuries? (Alberta, Canada)
What is the test for determining whether a contract is binding on a third party or agency? (Alberta, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
What is the test for determining whether a tortfeasor is liable for a plaintiff's injuries? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
What is the test for determining whether a plaintiff has met the onus of proof? (Alberta, Canada)
What is the test for determining whether a duly qualified medical professional can examine a plaintiff pursuant to Rule 217? (Alberta, Canada)
