Negligence, Liability, And Liability

1572 Words Sep 29th, 2015 7 Pages
QUESTION PRESENTED Concerns have arisen of a possible lawsuit involving an area of law known as negligence and liability. This memo outlines the principles of this area of law in order to be properly prepared should the firm face any legal consequences. It aims to illustrate under what circumstances can the firm be affected with potential legal action in this area.
SHORT ANSWER
In legal context, “Negligence” is behaviour that falls below the reasonable standard of care and “liability” refers to who can be held accountable for any damages occurred. Legally, the firm can only be at risk if there is evidence that suggests negligent conduct and all four of the following elements are met and proven: a duty of care is owed to an individual, the standard of care is not met, damages have occurred, and the failure to meet the standard of care significantly contributed to the damages that occurred. Along with negligence, there is a possibility of being deemed liable and having to pay for damages. However, even if found negligent, there are tools that the firm use to deflect or lessen liability such as vicarious liability, contributory negligence or voluntary assumption of risk.
PRINCIPLES/TOOLS
Negligence
Negligence, in its legal definition (common law), is behaviour that falls below the standard of care. Negligence can only be attributed if all four elements are present: a duty of care is owed, the standard of care is not met, there is evidence of considerable damages and the…
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