LAW 122 Lecture Notes - Lecture 6: Mortgage Broker, Professional Negligence In English Law, Ginger Beer
5 Dec 2015
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The tort of negligence determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. Most important tort of all, means carelessness in non-legal terms. The defendant may show that the plaintiff: was guilty of contributory negligence that caused/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: negligence committed by a professional person (a banker, a lawyer, or an accountant) Exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Without duty of care, there cannot be liability, even if the defendant carelessly injured the plaintiff. Test for the creation of duty of care: the judge will first ask whether or not the duty of care question has already been answer for the particular type of case that is being litigate. Whether a reasonable person in the defendants position would have recognized that possibility.
