Information About The Legal Concept of Negligence
by Negligence occurs when a person behaves in a manner which falls below the standard of conduct which is imposed by the law, resulting in injury.
Negligence occurs when a person behaves in a manner which falls below the standard of conduct which is imposed by the law, resulting in injury. A reasonable person will anticipate and eliminate any risk of injury to another person. In Canada, common law obligates each person to structure personal behaviours so that risks which may be harmful to others are not created.
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According to the literature, the tort of negligence consists of three fundamental components, each of which must exist before damages will be awarded.When such risks are established, protective measures must be taken so as to minimize the possibility of injury.
What is meant by the concept of negligence? Negligence has been delineated by Canadian courts as an unintentional tort or civil wrong independent of contract. Here the acceptable standard of behaviour is that of prudence or reasonableness, without which the end result could be damage, loss or injury. negligence is an omission to do something that a reasonable person would not do, under prevailing circumstances. They contend that the breach of duty also must be to the proximate cause of the damage or injury. Both action and inaction constitute negligence.
Under Canadian law, when an individual is charged with a tort of negligence, a number of defenses are available to challenge this claim. Are as follow :
1. Comparative negligence
2. Sovereign immunity
3. Assumption of risk
4. Contributory negligence
5. An act of God
It has also been suggested that the inclusion of other defenses is warranted when individuals of responsibility such as school personnel are accused. These should include, no breach of duty, No proximate cause and No legal duty of care.
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