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Negligence (view source)

Revision as of 00:55, July 12, 2007

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Negligence is the most significant of all of the [[Tort|torts]].  The tort of negligence occurs when an individual causes damage to another by a non-deliberate breach of a duty owed to that other.
 
Negligence is the most significant of all of the [[Tort|torts]].  The tort of negligence occurs when an individual causes damage to another by a non-deliberate breach of a duty owed to that other.
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In other words, negligence is the failure to use care which a reasonable and prudent person would use under similar circumstances.
    
It must be established that a duty of care is owed by the defendant to the plaintiff and that there has been a breach of that duty.  In establishing whether a breach has occurred a court will need to determine the [[Standard of care|standard of care]] owed.
 
It must be established that a duty of care is owed by the defendant to the plaintiff and that there has been a breach of that duty.  In establishing whether a breach has occurred a court will need to determine the [[Standard of care|standard of care]] owed.
    
The cause of action is not complete unless it is established that the plaintiff has suffered damage as a result of the breach.
 
The cause of action is not complete unless it is established that the plaintiff has suffered damage as a result of the breach.
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[[Category:Law]]
 
[[Category:Law]]
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[[category:legal terms]]
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