NEGLIGENCE

Negligence



Negligence

Introduction

Negligence is a legal concept usually used in court for damages in case of accident or injury and the impact on health, and more recently for environmental damage. Negligence is a type of crime, but can also be used in criminal justice. Negligence means an activity that is to be blamed, because there is no legal standard for protection against untoward events, and to predict risk by a member or organization (Winterbottom, 2006.25-36). For the claim of negligence to be established, the major criteria that should be met are the claim of duty of care should be established, the breach of duty must exist, the breach of duty must have caused damage to the claimant.

Elvis and Dionne's claim against Mercury

Elvis suffered personal injury due to accident that was actually caused by his decision to acquire more of Holy PLC shares and thus travelling abroad. On the other hand Dionne suffered financial loss. The reason for both the losses is the incorrect publishing of information by Mercury. The claim of Elvis and Dionna against mercury is justified because Mercury published incorrect information about the share value of Holly plc. The cases of Bourhill v Young (1943) and Polemis and Furness, wicker and Co., Ltd can be applied as they represent the duty of care and the breach of duty judgment. If a person has been found to violate the civil law through negligence or an intentional act, such as in a personal injury lawsuit resulting from a car accident, then that person, if responsible for the car accident, is usually required to pay damages to the victim. These damages can include compensatory damages but may also include punitive damages (Norris, 2009, 114-134). Davis and Dionna can sue the company because Mercury has presented a negligent statement about the share value. Here the negligence tort applies as at the common law, tort liability can be incurred only if specific crimes were committed. The main mistake is that of negligence, or the offence which is the breach of an obligation, or a duty of care. This is why English law has used the term to describe professional negligence blameworthy conduct of the accountant in performing its functions, which is likely to incur liability (Norris, 2009, 114-134). In contrast, the tort system in civil law is not based on the commission of specific crimes, but rather on the general notion of fault, which can be defined as "any act which causes injury to others." In specific situations, this error can be characterized. This can be called, as the context of wilful misconduct, gross negligence, omission, carelessness, negligence, etc. In civil law, negligence is a type of fault among others, namely that an unintentional mistake is to not do something we should do. Therefore, in a general context, it is the notion of professional misconduct and not that of professional negligence that is the professional negligence, for this fault may take forms other than negligence. As for gross negligence, it is usually serious ...