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Published byMildred Franklin Modified over 8 years ago
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Negligence by Snježana Husinec
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Negligence failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not Donoghue vs. Stevenson (1932)
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Two types of negligence a) Civil (minor personal injury and property damage) a) Criminal (results in death where there was no intention of injury)
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Elements of negligence claim A) Duty of care (towards a plaintiff/claimant) B) Breach of duty (on the part of the defendant) C) Causation (cause and effect connection between the breach and the harm) D) Damage (injury or harm as a consequence of the breach)
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A) Duty of care a person owes a duty of care to another when the reasonable person would foresee that the other will be exposed to the risk of injury Eg. – a driver of a vehicle owes a duty to anyone within the area of risk when moving - other road users, pedestrians, the owner of adjacent land and buildings
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B) Breach of duty unreasonable running a risk and harming to the others or their property
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C) Causation - a two stage inquiry I FACTUAL CAUSATION – a defendant is held liable if the particular acts or omissions were the cause of the loss or damage sustained basic test of causation – but-for test “But for the defendant’s act, would the harm have occurred?” (“Would you be harmed without my breach of duty?” – if NO – I am liable) II LEGAL CAUSATION (US – the doctrine of proximate cause) - the defendant is liable only for the foreseeable consequences of his or her act – remoteness (“Was the chain of causation broken?”)
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D) Damage provable injury – a precondition for successful negligence suits Damage may be: a) Physical (personal injury) b) Economic (pure financial loss) c) Both (financial loss of earnings consequent to a personal injury) d) Reputational (in a defamation case) e) Emotional distress
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Damages a sum of money awarded by the court for harm suffered by the plaintiff/claimant
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Essential expressions to commit negligence act or omission foreseeable harm/injury to cause harm a reasonable/prudent person duty of care breach of duty to breach duty causation - factual causation - legal causation / proximate cause a damage = an injury damages= compensation to award damages a law report negligence≠ reasonableness
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