LAW 122 Chapter Notes - Chapter 6: Professional Negligence In English Law, Contributory Negligence, Reasonable Person
9 Jan 2014
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Legal meaning: the tort of negligence determines whether the defendant can be held liable for. In non-legal terms, means carelessness carelessly causing the plaintiff to suffer a loss or injury. Plaintiff must prove: the plaintiff: breached the standard of care by acting carelessly, breach of standard caused harm to the plaintiff. The precise meaning of that requirement depends upon the circumstances. It refers to the special considerations that shape the general cause of action in negligence when it"s applied to professional people. The law of negligence contains a tension between 2 important values: the courts want a wide scope of liability in order to compensate people who suffer injuries, the courts recognize that liability sometimes hurts society. If businesses had to fully compensate every person whom it injured, it might be forced out of business. In some situations, that would be a good thing. An especially hazardous industry that produces few social benefits perhaps should be shut down.
