Negligence Law Essay

The primary function of negligence law aims to protect civilians and prevent any form of loss or harm to an individual. Negligence law has ultimately developed to adequately protect the welfare of society and citizens equitably. In order to prove an individual of negligence it is imperative a duty of care was owed, breached, was foreseeable and an injury or loss resulted. Negligence can occur in many aspects of professional practices and the standard is one of a reasonable level of care, determined in a court of law. The law of negligence will continue to progress due to the boundless sophistication of a globalised society and has been paramount within professional duties to ensure public safety.

Negligence law is a reflection of accountability and current acceptable

The current negligence guidelines were seemingly limited; subsequently, the Legal Neighbour Principal introduced by Lord Atkin was fundamental to provide an adequate basis that on which one must take reasonable care to avoid omissions which are foreseeable and likely to cause any form of loss to another; whether in direct or indirect contract. The movement allowed the problems generated by a privity of contract to be oppressed and provided a larger variety of negligence cases to be feasible. In doing this, Lord Atkins departed the strict rules of contract law in response to the globalisation of society and successfully allowed the expansion of markets and manufactures without a direct contract to consumers to hold a duty of care. In South Australia the Civil Liability Act 1936 (SA) was introduced to assess the negligence of individuals, contractual relationships and accordingly, their liability. In response the legal precedent, the ratification of the Act allowed past inapplicable cases to be claimed under negligence