Liability For Negligence And Negligence

1137 Words Sep 14th, 2016 5 Pages
Liability for Negligence
The law of torts is concerned with the right to compensation for loss or injury caused by the wrongful conduct of either a natural person or an entity such as a company. The tort of negligence is a legal action which can be brought by a plaintiff (the harmed party), to whom the defendant (the party causing the harm), owes a duty of care, which is the duty of a person to take reasonable care to avoid causing harm to another individual. Not all careless acts result in liability as there are three prerequisites in order that an act to be considered as negligent under tort law. All of these prerequisites must be established by the plaintiff in order for their legal action to be successful in court.
The three prerequisites the court considers are as follows: Determine if the party owes a duty of care to the plaintiff. Determine whether or not the defendant breached that duty of care with respect to the plaintiff. The plaintiff must have also suffered damages as a result of the breach of duty of care. (Tort Law in Australia).
Negligence emerged as an independent tort following Lord Atkin’s case of Donoghue v Stevenson (1932). Since this case, the tort of negligence has assumed prime importance and is now the most common type of tort.
Once the plaintiff has established in court that the defendant acted unreasonably in their duty of care, they can be punished for committing a breach of duty since the defendant neglected to carry out their duty of care to the…
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