Page 85 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

3.4 TYPES OF TORT

3.4.1 NEGLIGENCE

• The failure to exercise reasonable care.

• The breach of duty to take care resulting in damage to the

claimant which was not desired by the defendant.

• Legal concept – to achieve monetary compensation (damages)

for physical and mental injuries (injured person must prove

that defendant acted negligently to cause his injury).

• 3 elements of negligence: duty of care, breach of duty and

damages (must establish all to prove the negligence).

(i) Duty of care:

✓ Duty of care exists in normal circumstances whereby if a

person does not take the usual degree of precaution

another person or his property may be injured or

damaged.

✓ Defendant can be liable for their carelessness only if they

owe the claimant a legal duty to take care.

✓ Example: Driver of busy street of bust town towards

people/property around, teacher to pupils and doctors to

patient.

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