PDF-NEGLIGENCE

CHAPTER 9GENERALCONCEPTSIntroductory NoteA NEGLIGENCE AND DUTY OF CARE91Elements of Liability No Negligence of the Plaintiff92Negligent Infliction of Emotional Distress Elements of Liability93Negligen. 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. 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 & . and other Professionals. 1. Learning Objectives. Under what common law theories may professional be liable to clients?. What are the rules concerning an auditor’s liability to third parties?. How might an accountant violate federal securities laws? . 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. Chapter 8.1. Tort Law. The law of torts deals with a range of conduct that causes . injury. to a person by breaching a legally recognised right and gives that person a remedy, such as payment of compensation. However, the defendant may be able to avoid or lessen liability by the use of a legally recognised defence.. Dr. Don Gregory. Junior Resident. Dept of Chest & TB. I. ntroduction.  The . Consumer Protection Act, 1986 . . is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumers. The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy . Negligence: . Remoteness of damage . Learning Objectives. By the end of the session you should be able to:. Explain the test for remoteness.. Explain the thin skull rule.. Remoteness. In order to show legal causation, it must be shown that the loss or damage sustained by the claimant was not too remote.. 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.. 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.”. Think of situations in which one person should act with care towards another and fails to provide it. Have you heard of lawsuits being filed over such situations. ?. Participating in traffic requires drivers and pedestrians to act with care. .