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Negligence

Negligence. Negligence is a tort where an action is unintentional, it is not planned and an injury results. . Elements of Negligence:. Plaintiff is owed a duty of care: By the defendant.

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Negligence

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  1. Negligence

  2. Negligence is a tort where an action is unintentional, it is not planned and an injury results.

  3. Elements of Negligence: • Plaintiff is owed a duty of care: By the defendant. • Breach of the duty of care: Defendant does not meet the standards of care provided by a reasonable person. •  Reasonable person: neither physical or mental disabilities who is careful, thoughtful and considerate of other people. • Minors and tort liability are not defined but usually under the age of six or seven they will not be held liable for negligence. • Foreseeability: Would a reasonable person have foreseen an injury as result of their actions?

  4. Causation: There must be direct causal connection between the defendant’s negligent act and injury. • Actual harm or Loss: Plaintiff must prove that real harm occurred.

  5. Defences for Negligence: • Contributory Negligence: If the plaintiff is somewhat at fault then they may be assed to pay part of the damages • Voluntary Assumption of Risk: Plaintiff new the risks of their actions and participated or continued on. • Inevitable Accident: would have happened no matter what actions a reasonable person would have undertaken.

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