Question
In Canada, when someone produces a defective product or performs an imperfect service, he or she must be shown to have been carelessto have fallen
In Canada, when someone produces a defective product or performs an imperfect service, he or she must be shown to have been carelessto have fallen below a community-established standard of behaviour (the reasonable person test)before he or she can be found liable for negligence. When a person is suing for breach of contract, it is unnecessary to establish fault; the breach is enough. Consider whether the requirement to establish fault where someone's conduct causes another injury ought to be abandoned in a tort action. In other words should it be enough to show that one person caused the injury for him or her to be liable ?
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