Law - Evaluation of Negligence
- Created by: isabelwillsher
- Created on: 21-06-18 15:05
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- EVALUATION OF NEGLIGENCE
- Main issue with the tort of negligence - that the C has to prove the fault of D in order to be awarded compensation
- Fault means the legal blame for causing injuries or damage to another victim.
- The need to prove fault can result in problems of Cost, Delay, Need to Use Lawyers & Confrontation between Parties.
- Fault means the legal blame for causing injuries or damage to another victim.
- NEED FOR LAWYERS
- Personal injury claim the injured C may need to employ a lawyer to help with the claim.
- Main issue with the tort of negligence - that the C has to prove the fault of D in order to be awarded compensation
- COST
- Proving of fault by the C may be difficult or costly.
- Evidence needed to show exactly how injuries occured and if inuries were 100% done by D.
- Could be evidence from of eye witnesss but also experts who will need to be paid.
- Eg if a road accident occured with no wittness the evidence of police would have to be gathered.
- Medical evidence may be required to show the extent of injuries and effect of victim in the future. If property lost or damaged valuations would have to be obtained.
- Having to cover all these costs to prove fault may act as a deterent to a potential C to bring an action.
- Medical evidence may be required to show the extent of injuries and effect of victim in the future. If property lost or damaged valuations would have to be obtained.
- Eg if a road accident occured with no wittness the evidence of police would have to be gathered.
- Could be evidence from of eye witnesss but also experts who will need to be paid.
- Evidence needed to show exactly how injuries occured and if inuries were 100% done by D.
- EVALUATION OF NEGLIGENCE
- Main issue with the tort of negligence - that the C has to prove the fault of D in order to be awarded compensation
- Fault means the legal blame for causing injuries or damage to another victim.
- The need to prove fault can result in problems of Cost, Delay, Need to Use Lawyers & Confrontation between Parties.
- Fault means the legal blame for causing injuries or damage to another victim.
- NEED FOR LAWYERS
- Personal injury claim the injured C may need to employ a lawyer to help with the claim.
- Main issue with the tort of negligence - that the C has to prove the fault of D in order to be awarded compensation
- Proving of fault by the C may be difficult or costly.
- People involved in accidents will normally be covered by insurance.
- DELAY
- Some cases insurance cover is complusory eg Driving a motor veichle.
- In the event of an accident where injury or damage is caused a report wil be passed by the driver to the insurance company which is likely to take over the conduct of the case.
- DELAY
- Some cases insurance cover is complusory eg Driving a motor veichle.
- In the event of an accident where injury or damage is caused a report wil be passed by the driver to the insurance company which is likely to take over the conduct of the case.
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