negligence Flashcards
what is negligence?
Negligence was defined in the blyth case by Baron Alderson as:
‘failing to do something which the reasonable person would do or doing something which the reasonable person would not do.’
According to this definition, negligence can come from either an act or an omission.
what is liability and who has to prove it?
in any negligence claim, the plantiff will have to prove the defendant was at fault and to blame for the injuries or damage. The level of fault that has to be shown is on the balance of probabilities. If the claimant cannot present sufficient evidence to prove his case, he will be left without compensation, even if he is suffering physical injury or damage to his property.
what are the three things that must be proved in order to prove liability in negligence?
- duty of care
- breach of duty
- damage is caused
