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 | |||
***Peace officer’s duty to prevent crime and protect others | |||
***Negligent Infliction of Psychiatric Harm/Nervous Shock | |||
***Manufacturer’s and Supplier’s Duty to Warn | |||
***Negligent Performance of a Service | |||
***Negligent Supply of Shoddy Goods or Structures | |||
***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. | ||