Negligence (疏忽) When a person owes a duty of care to another and breaches that duty which cause damage (physical/emotional and consequential ecomonic loss)

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Presentation transcript:

Negligence (疏忽) When a person owes a duty of care to another and breaches that duty which cause damage (physical/emotional and consequential ecomonic loss) to that other person.

Neighbour Principle Law of torts (侵權行為法) imposes a duty to take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure a neighbour “neighbours” means persons so closely affected by the acts that these persons ought reasonably to be in my contemplation as being so affected when I am about to do those acts : Donoghue v. Stevenson (1932)

Man Manufacturer X Ladyfriend X Retailer Contract Tort Consumer (Neighbour)

What a victim (受害人) has to prove(證明)? Duty of Care (謹慎責任) (owed to P (原告人)) Breach of Duty (失職) Damages suffered by the victim Causation (因果關係) Damages are NOT too Remote

Question & Answer

THANK YOU! 多謝! Mr. Godwin K.H.Chan 陳國雄律師