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Negligence1
Question | Answer |
---|---|
Negligence | Failure to take reasonable care when it is forseable that the other person could have been harmed by the action or ommision |
Requirements for negligence | -the person owed a duty of care -duty of care was breached - the breached caused harm |
Duty of care | The risk was forseable and a reasonable person in that position would have done the same. |
Compensation | The wronged person can ask for compensation |
Restrictions to damages | time limits, not entilted to recover damages for non-economic loss |
Contributory negligence | The plaintiff actions may have helped to cause the situation. ( defences) |
volenti fit non injuria | voluntary accept the risk of injury ( defence) |