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Negligence - PowerPoint PPT Presentation

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Negligence. Negligence is a tort where an action is unintentional, it is not planned and an injury results. . Elements of Negligence:. Plaintiff is owed a duty of care: By the defendant.

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Presentation Transcript
elements of negligence
Elements of Negligence:
  • Plaintiff is owed a duty of care: By the defendant.
  • Breach of the duty of care: Defendant does not meet the standards of care provided by a reasonable person.
    •  Reasonable person: neither physical or mental disabilities who is careful, thoughtful and considerate of other people.
    • Minors and tort liability are not defined but usually under the age of six or seven they will not be held liable for negligence.
    • Foreseeability: Would a reasonable person have foreseen an injury as result of their actions?

Causation: There must be direct causal connection between the defendant’s negligent act and injury.

  • Actual harm or Loss: Plaintiff must prove that real harm occurred.
defences for negligence
Defences for Negligence:
  • Contributory Negligence: If the plaintiff is somewhat at fault then they may be assed to pay part of the damages
  • Voluntary Assumption of Risk: Plaintiff new the risks of their actions and participated or continued on.
  • Inevitable Accident: would have happened no matter what actions a reasonable person would have undertaken.