Law Society of Ontario (LSO) Paralegal Practice Exam

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What is required for a claim of contributory negligence?

The plaintiff must have acted properly
The plaintiff's actions must contribute to the harm
The defendant must have been negligent
The circumstances must be unforeseeable

The correct answer is: The plaintiff's actions must contribute to the harm

For a claim of contributory negligence, it is essential that the plaintiff's actions contribute to the harm suffered. This means that the court will look into whether the plaintiff engaged in behavior that fell below the standard of care expected, thereby playing a part in causing their own injuries or damages. This concept is rooted in the principle that both parties may share responsibility in a tort, leading to a proportional reduction in damages awarded to the plaintiff based on their contribution to the incident. While it is important in a negligence claim for the defendant to have acted negligently, this on its own does not satisfy the requirement for contributory negligence. The focus here is on the plaintiff’s own conduct. Furthermore, having unforeseeable circumstances does not inherently connect to contributory negligence, as the plaintiff's direct contribution to the harm is the pivotal factor in establishing this claim.