What is the test for an action for non-performance of duty?
Saskatchewan, Canada
The following excerpt is from Doyle v. Canadian Northern Railway Company, 1918 CanLII 198 (SK CA):
It is not an action for negligence. Whether there be negligence or not, he is responsible—quacunque via for non-performance of the duty. [Rigby, L.J. in Groves v. Wimborne (Lord) [1898] 2 Q.B. 402, at p. 412, 67 L.J.Q.B. 862.]
"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
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
Can a mortgagee in a mortgage action tax the costs of the action? (Saskatchewan, Canada)
What is the test for a prima facie cause of action in a personal injury action? (Saskatchewan, Canada)
What is the limitation period for an amendment to an action raising a new cause of action? (Saskatchewan, Canada)
Does the word "cause of action" mean the whole cause of action? (Saskatchewan, Canada)
Can a vendor bring an action at law or equitable action for an intermediate instalment of a contract? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
Does a plaintiff have been debarred from succeeding in an action for breach of statutory duty on the ground of contributory negligence? (Saskatchewan, Canada)
In what circumstances will a sheriff be held liable in a civil action for failing to properly supervise the actions of a sheriff? (Saskatchewan, Canada)
