Negligence
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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: not planned and an injury results.

  • 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?


Negligence


Defences for negligence
Defences the defendant’s negligent act and injury. 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.