LAW 122 Chapter Notes - Chapter 6: Product Liability, Professional Negligence In English Law, Reasonable Person
1 Jun 2016
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Most important tort is negligence the word means carelessness . The tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss of injury. Purpose to compensate for harmful, risky actions conducted carelessly, but to allow for careful risk-taking. 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 behaviour. Professional negligence refers to negligence that is committed by a professional person, such as a banker, lawyer, or an accountant.
