LAW 122 Lecture Notes - Lecture 4: Contributory Negligence, Professional Negligence In English Law, Liability Insurance
12 Oct 2016
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Determines whether the defendant can be liable for carelessly causing injury to the plaintiff. The purpose of the tort is to compensate for harmful risky actions conducted carelessly, but to allow for careful risk taking. Plaintiff should prove that the defendant: owed a duty of care when the defendant was required to act carefully towards the plaintiff, breached the standard of care acting carelessly, caused harm plaintiff suffers a loss. Professional negligence the negligence that is committed by a professional person. For example: a banker, a lawyer, or an accountant. Duty of care is determined by the existence of a close relationship and the extent to which the client rely on the professional. Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Without duty of care, the defendant cannot be held liable even if the defendant carelessly injured the plaintiff. How to evaluate if a duty of care exists.
