In this latest post we will bring you an explanation of the legal term of negligence.
Negligence comes from the latin root negligentia meaning to neglect or to fail to do something.
In the legal world, the term negligence has a similar meaning and is usually used to describe a careless act which lead to the harm of a person.
The most important case in the law of negligence is Donoghue v Stevenson. This case involved a lady buying a bottle of ginger beer from a shop for her friend. Her friend drank the ginger beer and became very unwell from a rotting snail that was inside the bottle. There was no contractual relationship between the lady who became unwell and the shop owner who had sold the bottle. The judges found that even thought there was no contractual relationship, the shop owner was negligent and should be liable for damages. This fundamental ruling shaped the law of negligence in the UK and throughout many other Commonwealth jurisdictions.
The level of damages that are available for negligence will vary widely depending on the particular duty of care, the circumstances of the breach of the duty of care and the consequences of the breach. Damages will also depend on the area of negligence such as road traffic accidents, injuries at work and falls in public places. You can click here to find out more.
The law of negligence has evolved over time and although every jurisdiction will differ slightly, it is generally accepted that for negligence to occur there must be a duty of care in place and that duty of care must be breached.
When there is a duty of care in place it means that a certain standard of care is expected. This standard of care will vary in different cases e.g. the duty of care between a doctor and patient is of course very different from the duty of care between a driver and road user.
If the person who owed the duty of care is found to have acted negligently, there will be an award of damages made to compensate the person for their loss.
Welcome to the first of our blogs bringing you an explanation of legal terms and legal terminology.
In our first post we will be discussing international law. International law is broad term for different legal institutions and pieces of legislation that operate on an internation scale and apply to more than one country.
The government of a country is responsible for upholding the rule of law and bring in new legislation on a domestic level. International law operates on a multinational level above this and will be enforced in many countries.
The main international organisations are:
The European Union – this is a union of 28 states. The institutions of the European Union will pass laws that must be applied in the member states. These laws vary from trade laws to fisheries policy. The majority of the EU member states are also a member of the Euro monetary union.
United Nations Security Council – this is one of the main institutions of the United Nations. The United Nations Security Council has an important role in international diplomacy and conflict avoidance. The Council has over 100,000 peacekeeping soldiers deployed on missions.
International Court of Justice – this court is based in The Hague and is composed of 15 judges drawn from various legal systems.
European Court of Justice – this is the highest court within the European Union and the court hears many different types of cases. Due to the multi-national nature of the court, the working langauge of the court is French although other official member state languages may be used.
Welcome to the IVR Encyclopedia of Jurisprudence, Legal Theory and Philosophy of Law. Law effects everyone’s lives but it can be difficult to understand due to the legal terminology that is used. Some terms are in latin and many terms are never used in everyday conversation.
We will be bringing you helpful explanations of common legal terms.
We hope that this will be a useful resource for law students, practioners and people outside of the legal sector.