Question

26. The defences to a negligence action do NOT include which of the following? (A) Consent (B) Personal relationship between the parties (C) Contributory negligence (D) Necessity
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Answer 1

Explanation:

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Answer 2

Defences to a negligence

Explanation:

• A duty of care is a legal obligation to use reasonable caution. The list of relationships is not exhaustive, and whether or not there is a duty of care depends on the circumstances.
• A duty of care usually entails taking care not to damage others as a result of your acts or inactions.
• A driver, for example, has a responsibility to other road users and pedestrians, while a teacher has a responsibility to the children under their supervision.  
• The criteria for determining whether a "breach" has occurred will be based on what is judged "reasonable."
• This suggests that a person is not required to protect everyone from all damage, but must act as a reasonable person would in the given circumstances. Causation is the third factor that a plaintiff must prove in a negligence claim.
• This means that a plaintiff must demonstrate that the loss or injury was caused by a violation of duty of care. Damages are the final component of a negligence claim. Both economic and non-economic losses are compensated.
• Loss of salaries and income, as well as out-of-pocket expenses such as medical bills and necessary domestic services, are all examples of economic loss.
• The pain and suffering caused by the hurt or injury is referred to as non-economic loss.