PPT-Negligence

Tort harm caused to a person or property for which the law provides a civil remedy The branch of law that holds persons private organizations and governments responsible for damages and injuries . Michael W. Pearson . and . Daniel S. Riley. © 2015. 978-1-4724-4563-6 (paperback) . 978-1-4724-4560-5 (hardback). Chapter . 3 . Types and Sources of Law. Foundations of Aviation Law. Chapter Objectives. The . tort. of negligence is: . doing something . that a. . person using ordinary care would not do, or. not . doing something . that a person using ordinary care would do.  . NEGLIGENCE . means . Law in Action . – Ch. 14. Tort. = a civil wrong; damage to property or a personal injury caused by another person. Unintentional Torts . = injuries that are the result of an accident or an action that was not intended to cause harm. Chapter 8.2. Consider the following case….. In January 2009, American tourist Jean Barnard boarded a Qantas plane in Alice Springs. As she did so, a three-year-old child screamed close to her face.. had taken his girlfriend Jenny on a long drive. While driving on the highway, he suddenly had a severe headache and lost control of the car. They got hit by a passing car. The doctor had earlier warned Jack that he has a brain tumor, due to which he will suffer occasional pains. Jenny sued Jack for negligence. Will she succeed? . Start to Finish!. 1. © . 15-April-2015 . Alpha Natural Resources, Inc.. violate. : . verb \. ˈ. vī. -ə-ˌ. lāt. \. to . break a law; . to fail to . observe a . law. violation. : . noun \ˌ. Defences for Negligence. The best defence is Negligence did . not. exist, or the defendant didn’t owe the plaintiff a duty of care.. Duty of Care. – a specific legal obligation to not harm other people or their property; a principle of tort law.. Tips from Lessons Learned. Rick Alimonti. Alimonti Law Offices, . PC. 200 Mamaroneck Ave.. Suite 304. White Plains, NY 10601. 914.948.8044. rick@alony.com. Arthur . J. . Park. Mozley Finlayson & . Negligence. conduct . falling below what would be expected of a reasonable person in the same circumstances. a . reasonable person is one who is accepted by society. 4 Elements of . Negligence. Plaintiff . Personal and Business Law. Mr. . Ulmer. The Spirit of the Law. One of the primary purposes of the law is to protect people from the wrongful acts of others. Protection is given…. by preventing or discouraging people from doing acts that may cause injury. A quick tour through clinical negligence from . the Claimant perspective. Robert . Dransfield. Partner. , Stewarts Law LLP. Why am I here?. So who am I ?. What do I do ?. Why do I do it ?. Who pays ?. 1. © . 15-April-2015 . Alpha Natural Resources, Inc.. violate. : . verb \. ˈ. vī. -ə-ˌ. lāt. \. to . break a law; . to fail to . observe a . law. violation. : . noun \ˌ. vī. -ə-ˈ. lā-shən. Definition of Negligence. According to Winfield and . Jolowicz. “Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.”. Lord Wright states that “Negligence means more than headless or careless conduct, whether in commission or omission; it properly connotes the complex concept of duty, breach, and damage thereby suffered by the person to whom the duty was owed.”. – the Pitfalls?. Dr Martin Connor. Consultant Microbiologist. Some basic law!. Medical Negligence in . Scotland. Scotland currently operates a fault-based compensation scheme . Compensation can either be awarded by the court, or be paid to the pursuer in the form of an out of court settlement following a claim against an NHS .