LAW 122 Lecture Notes - Lecture 6: Breach (Security Exploit), Professional Negligence In English Law
25 Oct 2015
School
Department
Course
Professor
Document Summary
Chapter 6 negligence: the tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. If this duty of care is not present, there cannot be a liability, even if the defendant carelessly injured the plaintiff. If both these conditions are met, then a duty of care presumably exists. The judge might still deny the duty of care based on policy reasons: reasonable foreseeability test is subjective. Reasonable person in the defendant"s position would have recognized that possibility. It would be unfair to deny compensation because the defendant was unaware of danger. The plaintiff should not have to suffer simply because the defendant was not paying attention. But at the same time it would be unfair for the defendant to be liable for every injury that it creates, even those that were unforeseeable: proximity.
