NEGLIGENCE given by a party with special

March 18, 2019 Law


The concept of negligence developed under English Law. Although English Common Law had long imposed liability for the wrongful acts of others, negligence did not emerge as an independent cause of action until the eighteenth century. The definition of negligence is: The failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, property damage. The tort of negligent misstatement is defined as an “inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge”. A negligent misstatement is a claim which is brought by one party against another at common law in tort. This claim arises if the party against whom the claim is brought made a statement which was considered to be negligent (Defendant) and the party bringing the claim relied on this statement to its detriment and suffered a loss as a result of this statement. The act of stating something that is false or not accurate.

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ELEMENT OF FAULT : There has to be proof presented showing that one party committed the tortuous act either intentionally or negligently

ELEMENT OF ACTUAL DAMAGE : the plaintiff would have the onus to prove that they suffered actual damage/injury/loss as a result of the tortuous act by the tortfeasor.

ELEMENT OF OBTAINING REMEDY : as the law of Torts is concerned with compensating the victim rather than punishing the wrongdoer, the rule applied by the Courts is to put the plaintiff/victim into a position they enjoyed before the wrongful act took place.

For example : if a person was wrongfully imprisoned, the courts would seek to put the victim back into the position they previously enjoyed before the imprisonment took place possibly through monetary compensation.

For the Court to decide whether a tortuous act took place, it would have to take into account additional factors that make the wrongdoer responsible for the outcome of the tortuous act.



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