MGSC30H3 Chapter Notes - Chapter 6: Professional Negligence In English Law, Contributory Negligence, Reasonable Person
Document Summary
Negligence: determines whether defendant can be held liable for carelessly causing injury to the plaintiff. 1st, people sometimes talk about professional negligence -> misleading. > personal negligence simply refers to negligence that is committed by a professional person, such as a banker, lawyer or an accountant: flexible, for e. g. standard of care always req that defendant to act as a. > if business fully compensate every person whom it injured, it may go bankrupt) Duty of care: exists if defendant req to use reasonable care to avoid. Test for determining the existence of duty of care. If an injury was reasonably foreseeable, and if the parties shares a relationship of sufficient proximity, then a duty of care presumably will exist -> judge might still deny duty of care on basis of policy reasons. Test intended to strike balance between parties. Would be unfair to deny compensation simply because they defendant was unaware of the danger.
