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Construction Law

The text below is from the 2nd Edition of this title. The 3rd and 4th Editions are published by London Publishing Partnership.

CHAPTER 10

NEGLIGENCE


Page 840

What is negligence?

10.01 Negligence refers to an obligation in tort, imposed by law, upon a person to conduct himself with reasonable care so as to ensure that another person or a class of persons will not suffer a particular type of injury, harm or loss. The obligation is founded on an impersonal standard of how a reasonable person should act in particular circumstances, where a particular type of injury, harm or loss is reasonably foreseeable.1 An obligation to act with reasonable care may apply in respect of the action or inaction of a person, including the making of a representation or the failure to make a representation. A duty of care requires a person to act with reasonable care (or reasonable skill and care), as opposed to requiring that a person ensures that another does not come to harm, or suffer a particular type of loss or damage.2

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