LAW 122 Chapter Notes - Chapter 6: Professional Negligence In English Law, Objective Test, Product Liability
12 Feb 2018
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Negligence: negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury, the tort or negligence requires the plaintiff to prove that the defendant: Owed a duty of care (they were required to act carefully) Breached the standard of care by acting carelessly. Caused harm to the plaintiff: the defendant can provide defence by proving: The plaintiff was guilty of contributing negligence that caused the injury. The plaintiff voluntarily assumed the risk of being injured by the defendant. The plaintiff was injured while engaged in some form of illegal behaviour: "professional negligence" is negligence committed by a professional person. Duty of care: a duty of care exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Without a duty of care, there cannot be a liability (even if the defendant carelessly injured the plaintiff.
