MCS 3040 Chapter Notes - Chapter 11: Contributory Negligence, Vicarious Liability, Implied Consent
20 Mar 2015
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Negligence is defined as a careless act that causes harm to another. The law understands carelessness as a failure to show reasonable care, which is the care that a reasonable person would have shown in a similar situation. Someone who suffered loss by relying on poor advice provided by an accountant, lawyer architect engineer etc. Negligence differs from criminal law in that it was caused by carelessness, rather than intent. That being said, the plaintiff does not need to show that the defendant intended to cause the damage or that there were deliberate acts that gave rise to the damage. Instead the tort of negligence makes the defendant liable for failing to act reasonably. Negligence, like other areas of tort law seek to compensate victims for their loss or injury. The defendant will be liable if it owes the plaintiff what is known as the duty of care: the responsibility owed to avoid carelessness that causes harm to others.
