Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?
A) The act causing the harmful event was unintentional.
B) The loss was reasonably unforeseeable or reasonably unpreventable
C) The act is an indictable offence under the Criminal Code of Canada.
D) The loss was reasonably foreseeable or reasonably preventable.

Question

Quizplus · Accepted Answer

The concept of foreseeability plays a crucial role in negligence claims. If a loss was reasonably unforeseeable or could not have been reasonably prevented, it may serve as a valid defense against a claim for damages. This is because negligence requires a duty of care that was breached, leading to foreseeable harm. If the harm was not foreseeable or preventable, the breach of duty may not be established.

Which of the Following Is a Valid Defence to a Claim