Negligence

Defamation law & breach of duty of care

Negligence is defined by a breach in a duty of care that one party owes another. If this duty of care is broken and the way it is broken is through a communication by the person with a duty of care to a third party, and the communication caused harm, reputable, financial or other, to the person who was owed a duty of care then compensation may be claimed by the injured party. This is similar to defamation in that it constitutes a communication of false knowledge that has harmed a person, but that it is also a breach of a duty of care.

For example, if a falsely poor reference was given by former employers to potential new employers and it cost the person the job they had applied for, negligence may be a legitimate claim. Since the statement was defamatory, they may be able to make a claim on the financial loss they suffered as a result of not securing the new job.

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