Not exact matches
Further, the same
elements of negligence must be present for a successful lawsuit, which can be
more difficult to meet in these types
of situations.
Satisfying the
elements of a case that require mens rea is, on average,
more expensive to pursue than satisfying the
elements of a case that need only show
negligence or strict liability.
Section 61 may appear to be fair but it has replaced the previous system
of having to prove
negligence to secure damages or losses where goods or services have been provided, which was a
more objective standard due to an
element of reasonableness being required.