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Negligence (Elements of Negligence (Breach of Duty (Occurs when one has…
Negligence
Elements of Negligence
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Damage caused
In order for the Plaintiff to be suing for the damages caused, the damage caused by the Defendant must be legally recognised as harm done
Due to the lack of detailed checks on the glass door, the teenager received cuts and PTSD from the shattering of glass which of in the vicinity of the country club.
Duty of Care
A legal duty that is imposed on a person that requires the individual to take reasonable care when performing certain acts
The club owes a duty of care ensuring the safety of all the members, including the teenage girl.
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Defences to Negligence
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Contributory negligence
Plaintiff's actions are partly to be blamed for the injuries- defendant will need to prove that the plaintiff did not take precaution and reasonable care for her own safety
Applicable
The American Club has claimed that the girl may have contributed to her injuries in failing to use the glass door in the shower area reasonably. American Club may choose to use this defence in court, but will still be held partly responsible for the injuries of the teenage girl.
Volenti non fit injuria
Too one who is willing, no harm is done
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