Negligence Disputes

What is a Negligence Dispute?

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What is a Negligence Dispute?


What is a negligence?

Negligence can occur when action is taken or is not taken, for example, an omission, which falls short of how an ordinary person would have handled the same situation.

For example, if a conveyancing solicitor does not provide you with proper legal advice about a property that you have purchased which results in your suffering a loss, you may have a negligence claim against them.

Or if an accountant fails to manage your accounts properly you may have a claim against them for losses suffered.

For a negligence claim to be successful, it would be necessary to prove that a duty of care was owed, that the duty of care was breached and that you suffered loss as a direct result of that breach of duty. 

So what is a duty of care?

A duty of care is an obligation placed on people to act towards others in a certain way in accordance with specific standards. 

So, when looking at the conveyancing solicitor example, your solicitor has a duty to provide you with correct legal advice so that you fully understand what you will be buying and any potential issues that may arise. 

As for the accountant, again he or she would have a duty to ensure that they provide a competent service to you in keeping your books in order.

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