Alex Bailey Aspects of Legal liability Unit 3 Alex Bailey Aspects of Legal liability Unit 3
P1 - Describe the requirements for there to be liability in the law of negligence
Negligence - This is a tort (A civil wrong)
Conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
Liable - Responsible or Obligated
A person may be liable for damages due to negligence, liable to pay a debt, liable to perform an act for which he/she/it contracted to do, or liable to punishment for commission of a crime. Failure to meet the responsibility or obligation opens one up to a lawsuit, and committing a crime can lead to a criminal prosecution.
Duty of Care
This is a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would.
If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Donoghue v. Stevenson was a landmark case as Ms Donoghue's case did not come within the existing types of negligence. The Neighbour Principle, you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. In law your neighbour is someone who is directly affected by an act you commit. Caparo 3 Part Test the test for implementing a duty of care. The first stage is 'Foreseeable harm' which asks whether it was possible for you to know of the harm you...