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

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

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

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