When discussing Negligence, it is imperative that we first explorer the law of Tort. This is a wrongful act whether it was intentional or accidental, leading to one being injured (cited from Law.com). To demonstrate that the defendant has committed an act or omission it may be necessary to prove that both a standard duty of care and damage has resulted in negligent behaviour. A person in a professional occupation such as a chartered surveyor has a higher duty of care because their field of work requires a particular skill. Therefore they have a greater responsibility to ensure that their actions do not cause damage. This essay will examine negligence in the context of the Law of Tort, when might it arise and when it may concern a surveyor.
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Whereby “First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage, there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter,in which case a prima facie duty of care arises” (Wild and Weinstein 2013). More over the claimant and the defendants relationship must be well-established, it will then be judged wether the defendant’s actions is likely to cause problems in the future. Prima Facie is the latin word meaning at first sight.Once the first part has been answered affirmatively “it is necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may give rise." (Wild and Weinstein 2013). Thus the courts must carefully consider the impacts of their final decision of the case as to whether the defendant is guilty of negligence and whether he owes the claimant …show more content…
AND QUINN, F. (2011). Tort Law. Edition- Eighth. Harlow, Essex: Pearson Education Limited
HEPPLE, HOWARD AND MATTHEWS. (2003). Tort-cases and materials.Edition- fifth. Suffolk: Clays Ltd
FIND LAW. (2015) Proving Fault: What is Negligence? [Online] Available from: http://injury.findlaw.com/accident-injury-law/proving-fault-what-is-negligence.html [Accessed 03/11/2015].
LAW IN ACTION. (2010) Negligence and the Unintentional Tort. [Online] Available from: http://wps.prenhall.com/ca_ph_blair_law_1/2/538/137983.cw/index.html [Accessed 30/10/2015].
LAW TEACHE.R (2015 ) Development of The Principles of Tort Law. [Online] Available from: http://www.lawteacher.net/free-law-essays/contract-law/development-of-the-principles-of-tort-law-contract-law-essay.php [Accessed 02/11/2015].
LAW.COM .(Date Unknown) Legal Definition of Tort. [Online] Available from: http://dictionary.law.com/Default.aspx?selected=2137 [Accessed 26/10/2015].
NATIONAL CAREERS SERVICE. (2015) Job profiles Building Surveyor. [Online] Available from: https://nationalcareersservice.direct.gov.uk/advice/planning/jobprofiles/Pages/buildingsurveyor.aspx [Accessed 02/11/2015].
WILD, C. AND WEINSTEIN, S. (2013) Smith and Keenan’s English Law Edition- Seventeenth. Harlow: Pearson Eduction
Whereby “First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage, there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter,in which case a prima facie duty of care arises” (Wild and Weinstein 2013). More over the claimant and the defendants relationship must be well-established, it will then be judged wether the defendant’s actions is likely to cause problems in the future. Prima Facie is the latin word meaning at first sight.Once the first part has been answered affirmatively “it is necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may give rise." (Wild and Weinstein 2013). Thus the courts must carefully consider the impacts of their final decision of the case as to whether the defendant is guilty of negligence and whether he owes the claimant …show more content…
AND QUINN, F. (2011). Tort Law. Edition- Eighth. Harlow, Essex: Pearson Education Limited
HEPPLE, HOWARD AND MATTHEWS. (2003). Tort-cases and materials.Edition- fifth. Suffolk: Clays Ltd
FIND LAW. (2015) Proving Fault: What is Negligence? [Online] Available from: http://injury.findlaw.com/accident-injury-law/proving-fault-what-is-negligence.html [Accessed 03/11/2015].
LAW IN ACTION. (2010) Negligence and the Unintentional Tort. [Online] Available from: http://wps.prenhall.com/ca_ph_blair_law_1/2/538/137983.cw/index.html [Accessed 30/10/2015].
LAW TEACHE.R (2015 ) Development of The Principles of Tort Law. [Online] Available from: http://www.lawteacher.net/free-law-essays/contract-law/development-of-the-principles-of-tort-law-contract-law-essay.php [Accessed 02/11/2015].
LAW.COM .(Date Unknown) Legal Definition of Tort. [Online] Available from: http://dictionary.law.com/Default.aspx?selected=2137 [Accessed 26/10/2015].
NATIONAL CAREERS SERVICE. (2015) Job profiles Building Surveyor. [Online] Available from: https://nationalcareersservice.direct.gov.uk/advice/planning/jobprofiles/Pages/buildingsurveyor.aspx [Accessed 02/11/2015].
WILD, C. AND WEINSTEIN, S. (2013) Smith and Keenan’s English Law Edition- Seventeenth. Harlow: Pearson Eduction