Stella bought a cup of coffee at the drive-through window at a coffee shop.Holding the cup between her knees and attempting to take off the lid to add cream,she spilled the coffee.She suffered burns to her thighs.If this happened in Canada,which of the following is true?

Question

Quizplus · Accepted Answer

In Canada, the legal principle of contributory negligence applies, which means that if a plaintiff is found to be partially responsible for their own injuries, they can only recover damages for the portion of the loss that was not caused by their own negligence. In this case, if the court finds that Stella was partially responsible for spilling the coffee, causing 60% of her injuries, she would only be able to recover damages for 40% of her losses, and the coffee shop would not be liable for the remaining 60%. The other options are not accurate; A is incorrect because the defence of voluntary assumption of risk would apply if Stella knew or should have known of the risk of spilling the coffee while holding it between her knees; C is incorrect because the foreseeability of harm is one of the elements in establishing negligence, but it is not the only factor and the court would consider all the circumstances of the case; D is incorrect because in addition to proving that the defendant owed her a duty of care, Stella would also need to prove a breach of that duty and causation of her injuries; E is incorrect because the coffee shop would owe a duty of care to its customers, and it would be difficult to argue otherwise.

Stella Bought a Cup of Coffee at the Drive-Through Window