LAW 122 Chapter Notes - Chapter 6: Contributory Negligence, Professional Negligence In English Law, Reasonable Person
13 Sep 2013
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Tort of negligence: determines whether the defendant can be held liable for carelessly causing injury to the plaintiff. A manufacture may produce a beverage that makes a consumer sick. Tort of negligence requires the plaintiff to prove that the defendant: owed a duty of care (relational issue between defendant and plaintiff), in that it was required to act carefully toward the plaintiff. Breached the standard of care (what the defendant did or failed to do) by acting carelessly to the plaintiff. Caused harm (established a link, defendant could have changed the outcome) Need to prove all 3 if you are a plaintiff for negligence. Defendant may be able to avoid liability if they show at least one of the three possibilities: Plaintiffs harm caused by its own 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.
