MATERIALS AND RESOURCES

Textbook: Contract and Tort Law for Paralegal, 2nd Ed. Carolyn A. MacLean, Nora Rock Laurence M. Olivo and Jean Fitzgerald

Software: Microsoft Office

Websites: Student discretion

Videos: Student discretion

ASSIGNMENT DESCRIPTION

Referring to the duty principles for negligence: Part A Locate and read the SCC case of Childs v Desormeaux, 2006 SCC 18 opens in new window, in which the SCC had to decide whether a social host owed a duty of care to third parties injured by an intoxicated guest. Describe the reasoning of the court in reaching its decision that, generally, no such duty exists. Part B Consider the following problem. A psychiatrist has a patient who says he is going to kill his wife. The psychiatrist tells no one, and the patient does attempt to murder his wife. Although his attempt fails, the attack causes her serious injury. She now wants to sue the psychiatrist for not warning her. Assume that no duty to warn a potential victim of a patient has ever been imposed on a doctor. Please explain why you think such a duty should, or should not, be recognized.