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Negligence: Difference between revisions
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[[Negligence]] is an invention of the law of {{tag|tort}} which defines the general duties people have to each other ''where they don’t have a {{tag|contract}}''. | [[Negligence]] is an invention of the law of {{tag|tort}} which defines the general duties people have to each other ''where they don’t have a {{tag|contract}}''. | ||
So if I am navigating my punt and I hit yours, and it sinks, then I have caused you a loss. Since I didn’t have a contract with you — you are, | So if I am [[Fardell v Potts - Case Note|navigating my punt]] and I hit yours, and it sinks, then I have caused you a loss. Since I didn’t have a contract with you — you are, in the vernacular, a “[[random]]” — the law must decide whether I should nevertheless be liable to pay you compensation. | ||
The common law does this by: | The {{tag|common law}} does this by: | ||
*Prescribing the kind of relationship between randoms that give rise to obligations (whether they are “[[Neighbour|neighbours]]” – people whom one should reasonably anticipate might be affected by one’s careless punting), and | *Prescribing the kind of relationship between randoms that give rise to obligations (whether they are “[[Neighbour|neighbours]]” – people whom one should reasonably anticipate might be affected by one’s [[Fardell v Potts - Case Note|careless punting]]), and | ||
*If they ''are'' | *If they ''are'' [[neighbour]]s, describing what is my general “[[duty of care]]” to them. | ||
This duty of care was to behave like (if you’ll excuse the dated vernacular) a “[[reasonable man]]”. Someone who is prudent, thoughtful and considerate without being a saint. Famously described as “the [[man on the Clapham Omnibus]]”. In [[A. P. Herbert]]’s immortal words, | This duty of care was to behave like (if you’ll excuse the dated vernacular) a “[[reasonable man]]”. Someone who is prudent, thoughtful and considerate without being a saint. Famously described as “the [[man on the Clapham Omnibus]]”. In [[A. P. Herbert]]’s immortal words, | ||
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{{seealso}} | {{seealso}} | ||
*The great case of {{casenote|Fardell|Potts}} | |||
*{{casenote|Donoghue|Stephenson}} | *{{casenote|Donoghue|Stephenson}} | ||
*[[Contractual negligence]] | *[[Contractual negligence]] | ||
*[[Gross negligence]] | *[[Gross negligence]] | ||