LAW 122 Lecture Notes - Lecture 4: Professional Negligence In English Law, Reasonable Person, Contributory Negligence
4 Apr 2016
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The tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. The tort of negligence requires the plaintiff to prove that the defendant: Owed a duty of care, in that they were required to act carefully toward the plaintiff. Breached the standard of care by acting carelessly. Even if the plaintiff proves those three elements, the defendant may be able to avoid liability by proving a defence. Was guilty of contributory negligence that caused or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant. Was injured while engaged in some form of illegal behavior. 1st: professional negligence: negligence that is committed by a professional person, such as a banker, lawyer, accountant, etc. *it is true that the cause of action in negligence is flexible enough to reflect different types of situations.
