Negligence (과실/過失, carelessness, 독 Fahrlässigkeit) is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. In other words, negligence exists when a duty of care is generally required but the said duty is breached, then a harm is caused to other people. Show
Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, etc. Through civil litigation, if an injured person successfully proves that another person acted negligently to cause the injury, the plaintiff can recover damages to compensate for the harm. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. [One sentence tip] 과실이란 거래상 요구되는 주의를 다하지 않음으로써 다른 사람에게 손해를 입힌 것을 말한다. Contents
Keywordsnegligence, gross negligence, liability, duty of care, breach of contract, torts, harm Negligence liability doctrineUnder the Civil Act[1] (민법/民法), a person who breached duty of care is responsible for the harm caused by negligence. This is called the negligence liablity doctrine, the principle of fault liability, or simply fault principle (과실책임주의/過失責任主義, 독 Verschuldensprinzip)[2] in contrast with the strict liability (엄격책임주의/嚴格責任主義, 무과실책임주의/無過失責任主義). Negligence is a factor which is required to hold a person responsible for loss or damage. In general, negligence and intention are reasons imputable to such loss or damage (귀책사유/歸責事由). Typically, negligence must be established in breach of contract or torts cases.[3] In the financial transactions, at least negligence or intention must be established regardless of the nature of wrong doings, i.e., breach of contract or torts. Strict liabilityNowadays strict liability is imposed by law in the following cases among others:
Elements of negligence claimsThe elements that must be established in the negligence case are:
Types of negligenceDepending on the degree of carelessness, there are two types of negligence:
Who is to blame in the negligence case:
Case lawGenerally speaking, the court is to judge at the request of a plaintiff whether the defendant with an alleged fault is responsible for the cause of action. In most cases, the plaintiff should prove the intention or negligence on the part of the defendant. Here are some examples. When a document looked like a trust receipt (화물선취 보증장), it is not exempted for its holder to confirm its authenticity. Or such ostensible belief of its appearance cannot be justifiable.[8] Supreme Court Decision 91Da30026 decided on February 25, 1992. When providing gratuitous financial services, the duty of care is not reduced in view of professionalism. In case of phone banking or telebanking, bank clerks are required to be cautious of not only the conditions in relation to the fund transfer but also the application and filing of phone banking as a whole. If the person who actually conducted the transaction is proved afterward to be other person than the resident registered person, except as otherwise specifically considered, the bank shall be presumed to be negligent in identifying the customer as a matter of fact.[9] Supreme Court 98Da20059 decided on November 10, 1998. In court proceedings following preservation disposition, if the execution creditor is confirmed to be lost on the subject matter, except otherwise specifically considered, the intention or negligence is presumed to exist for the said execution creditor.[10] References
Which of these is defined by a failure to exercise the degree of care that a reasonable person would exercise?Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the torts of negligence.
What is the failure to use the degree of care?The failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in harm or other loss.
What is the degree of care required of a person?The degree of care required of a person is that which an ordinarily prudent person would exercise under similar circumstances. This does not necessarily mean a degree of care that would have prevented the harm from occurring.
What is the failure to act as a reasonable person would act quizlet?Failure to take necessary precautions that would have been taken by a reasonable person will lead to negligence liability. The defendant's physical condition is taken into account when determining negligence.
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