What are the five elements the plaintiff must prove in a cause of action?

Study for the Ontario Barrister Civil Practice Exam. Dive deep into civil litigation with flashcards and multiple choice questions that come with hints and explanations. Get ready for your exam success!

The five elements that a plaintiff must establish in a cause of action, specifically within the context of negligence, are duty, breach, causation, proximity, and damages. Each of these elements plays a crucial role in demonstrating that the defendant has legal liability for the harm suffered by the plaintiff.

  • Duty refers to the obligation of the defendant to adhere to a standard of care that is reasonable to prevent foreseeable harm to others. Establishing that a duty exists is foundational, as a plaintiff cannot proceed without proving that the defendant had a responsibility toward them.
  • Breach pertains to the failure of the defendant to meet the established standard of care. This element shows that the defendant's actions or omissions were not aligned with what a reasonable person would have done in the same situation.

  • Causation involves linking the breach of duty directly to the injuries suffered by the plaintiff. It must be shown that the breach was a substantial factor in causing the harm.

  • Proximity refers to the closeness or direct connection between the defendant's actions and the plaintiff's injury. This is often evaluated in terms of whether the injury was a foreseeable result of the defendant's conduct.

  • Damages are the actual losses suffered by the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy