Law - Evaluation of Negligence

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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.
    • NEED FOR LAWYERS
      • Personal injury claim the injured C may need to employ a lawyer to help with the claim.
  • 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.
    • 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.
      • NEED FOR LAWYERS
        • Personal injury claim the injured C may need to employ a lawyer to help with the claim.
  • 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.
    • 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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