LAW 122 Chapter Notes - Chapter 6: Contributory Negligence
4 Apr 2011
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The tort of negligence requires the plaintiff to prove that the defendant: Owed a duty of care, in that it was required to act carefully toward the plaintiff. Breached the standard of care by acting carelessly. even if the plaintiff proves those 3 elements, the defendant may be able to avoid liability by proving a defence. The defendant may show that at least one of these defences existed: The plaintiff injury was caused by it owns contributory negligence. The plaintiff voluntarily assumed the risk of being injured by the defendant. The plaintiff was injured while engaged in some form of illegal behaviour: professional negligence simply refers to negligence that is committed by a professional person (i. e. a lawyer, banker etc. ) the law of negligence contains a tension between 2 important values. On one hand, the courts want scope of liability in order to compensate ppl who suffer injuries.
