NCA Torts Practice Questions - NCA Canadian Tort Law Examination Exam

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A homeowner's claim falls squarely within a previously recognized category of duty (a careless driver injuring a pedestrian). What must the court do at the duty stage?

Conduct the full two-stage Anns/Cooper analysis from scratch Refuse to find any duty because each case is unique Recognize that the case falls within or is analogous to an established category, so a duty is established without a full novel-duty analysis Apply only the residual policy stage

Correct Answer:

Recognize that the case falls within or is analogous to an established category, so a duty is established without a full novel-duty analysis

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