LAW 122 Chapter 6: Chapter 6 – Negligence
29 Mar 2016
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The tort of negligence determines whether the defendant can be held liable for carelessly causing injury or harm to the plainif. Purpose: to compensate for harmful risky acions conducted carelessly. The tort of negligence requires the plainif to prove that the defendant: owed a duty of care, in that they were required to act carefully toward the plainif. Why should the defendant care? breached the standard of care by acing carelessly caused harm to the plainif. Even if the plainif proves these three elements, the defendant may be able to avoid liability by proving a defense. Was guilty of contributory negligence that caused or contributed to the injury or harm. Was injured while engaged in some form of illegal behavior voluntarily assumed the risk of being injured by the defendant. Duty of care + breach standard of care + causaion of loss = liability unless defense.
