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What is Negligences?

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Negligence consists of doing nothing when a reasonable person would do something OR doing something when a reasonable person would not do so.  Negligence is under tort law (a wrong committed by one individual toward another individual).

For Negligence to be present when in court, four elements must be required (via the Alberta Teaching Association: Teachers’ Rights, Responsibilities and Legal Liabilities):

1) The Plaintiff has suffered some damage;

2) The damage was caused by an act OR omission by the defendant;

3) In a similar situation, a reasonable person with ordinary behaviours wouldn’t have been guilty of;

4) The defendant owes the plaintiff a duty of care where the act or omission caused a breach in duty.

ATA

The above information is taken out of The Alberta Teachers’ Association: Teachers’ Rights, Responsibilities and Legal Liabilities.


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