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---:: a simple dictionary of legal terminology and relevant cases ::---

09/10/2008

F

TORT: Fault - The breach of a duty of care. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which this reasonable person would not do. Where a duty of care exists, the courts must consider whether this risk was sufficiently great to require of the defendant more than he has actually done. The burden of proof of the defendant's negigence on the balance of probabilities is upon the claimant to prove what happened, that it was faulty, and that that particular defendant was to blame.

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