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. ✎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?

✎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.

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.