Difference between revisions of "Negligence"
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(New page: Negligence is the most significant of all of the torts. The tort of negligence occurs when an individual causes damage to another by a non-deliberate breach of a duty owed to tha...) |
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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]] | ||
| + | [[category:legal terms]] | ||
Revision as of 00:55, July 12, 2007
Negligence is the most significant of all of the 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.
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 owed.
The cause of action is not complete unless it is established that the plaintiff has suffered damage as a result of the breach.