LAW 122 Chapter Notes - Chapter 6: Professional Negligence In English Law, Contributory Negligence, Product Liability
23 Apr 2013
School
Department
Course
Professor
Document Summary
In non-legal terms negligence usually means carelessness. it"s legal name is much the same: tort of negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. Example: manufacturer makes beverage that makes consumer sick. 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. Was guilty of contributory negligence that caused or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant. Was injured while engaged in some form of illegal behaviour. The term professional negligence simply refers to negligence that is committed by a professional person, such as a banker, a lawyer, or an accountant. For example, the standard of care always requires the defendant to act as a reasonable person would act in similar circumstances.
