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Difference between revisions of "Causes of Action (20:App G)"
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Causes of Action (20:App G) (view source)
Revision as of 00:12, 7 August 2021
, 00:12, 7 August 2021→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: | ||
* | **a. Duty towards the intoxicated | ||
* | **b. Peace officer’s duty to prevent crime and protect others | ||
* | **c. Negligent Infliction of Psychiatric Harm/Nervous Shock | ||
* | **d. Manufacturer’s and Supplier’s Duty to Warn | ||
* | **e. Negligent Performance of a Service | ||
* | **f. Negligent Supply of Shoddy Goods or Structures | ||
* | **g. 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. | ||
*#'''Causation''' – The claimant must show that the defendant’s carelessness actually caused the claimant loss or injury. The basic test is whether the claimant’s loss would not have occurred without the defendant’s action and no second, intervening act occurred that contributed to the loss. | *#'''Causation''' – The claimant must show that the defendant’s carelessness actually caused the claimant loss or injury. The basic test is whether the claimant’s loss would not have occurred without the defendant’s action and no second, intervening act occurred that contributed to the loss. | ||
*#'''Remoteness''' – Remoteness is a consideration of whether the loss caused by the defendant’s actions was too remote to be foreseeable as a result of the defendant’s negligence. If so, the court may not award damages for the loss even though it was a direct result of the defendant’s carelessness. | *#'''Remoteness''' – Remoteness is a consideration of whether the loss caused by the defendant’s actions was too remote to be foreseeable as a result of the defendant’s negligence. If so, the court may not award damages for the loss even though it was a direct result of the defendant’s carelessness. | ||
*#'''Harm''' – Unlike some causes of action, negligence requires the claimant to prove that the defendant’s carelessness caused them harm, whether it is personal injury, pure economic loss or otherwise. | *#'''Harm''' – Unlike some causes of action, negligence requires the claimant to prove that the defendant’s carelessness caused them harm, whether it is personal injury, pure economic loss or otherwise. | ||
==== h) Misrepresentation ==== | ==== h) Misrepresentation ==== | ||