LAW 122 Chapter Notes - Chapter 6: Contributory Negligence, Professional Negligence In English Law, Reasonable Person
2 Feb 2020
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Chapter 6 - negligence negligence occurs when the defendant carelessly causes the plaintiff to suffer a loss or injury. Ex, a manufacturer may produce a beverage that makes a consumer sick; an investment counsellor"s bad advice may lead a client to purchase worthless stocks,an employer may write an inaccurate report that prevents an employee from receiving a promotion. Purpose: compensate for harmful, risky actions conducted carelessly, but, at the same time, to allow for careful risk-taking. This tort requires a flexible balancing of the competing social values of: (a) ensuring that those who suffer from carelessly caused harm are compensated (b) encouraging socially useful activities. The tort of negligence requires the plaintiff to prove that the defendant: owed a duty of care that required the defendant to act carefully toward the plaintiff. Breached the standard of care by acting carelessly caused harm to the plaintiff. Was guilty of contributory negligence that caused or contributed to the injury.
