Causes of Action (20:App G): Difference between revisions
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→g) Negligence
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#'''Duty of Care''' – the claimant must prove that the defendant owed them a duty of care arising from some relationship between them. Many duties of care have been recognized, including but by no means limited to the following: | #'''Duty of Care''' – the claimant must prove that the defendant owed them a duty of care arising from some relationship between them. Many duties of care have been recognized, including but by no means limited to the following: | ||
* Duty towards the intoxicated | ===* Duty towards the intoxicated | ||
* Peace officer’s duty to prevent crime and protect others | ===* Peace officer’s duty to prevent crime and protect others | ||
*Negligent Infliction of Psychiatric Harm/Nervous Shock | ===* Negligent Infliction of Psychiatric Harm/Nervous Shock | ||
*Manufacturer’s and Supplier’s Duty to Warn | ===* Manufacturer’s and Supplier’s Duty to Warn | ||
*Negligent Performance of a Service | ===* Negligent Performance of a Service | ||
* Negligent Supply of Shoddy Goods or Structures | ===*Negligent Supply of Shoddy Goods or Structures | ||
*Negligence of Public Authority | ===*Negligence of Public Authority | ||
#'''Standard of Care''' – Once a duty of care is established, the level of care that the defendant owed to the claimant must be determined. This is usually based on the standard of care that a reasonable person would exercise, such as avoiding acts or omissions that one could reasonably foresee might cause the claimant a loss or injury. The level of care expected of professionals in the exercise of their duties is usually higher. | #'''Standard of Care''' – Once a duty of care is established, the level of care that the defendant owed to the claimant must be determined. This is usually based on the standard of care that a reasonable person would exercise, such as avoiding acts or omissions that one could reasonably foresee might cause the claimant a loss or injury. The level of care expected of professionals in the exercise of their duties is usually higher. | ||