North Cyprus Law | What is Legal Definition of Negligence in TRNC Law?

North Cyprus Law | What is Legal Definition of Negligence in TRNC Law?Qu. What is Legal Definition of Negligence in TRNC Law?

According to the TRNC Laws, Negligence is a Civil Wrong (Tort) and it can, at times, also be a Criminal offence which means that it can be a subject to Civil and/or Criminal actions and Law depending on the particular circumstances of the matter or case.

In general the legal definition in Civil Law for Negligence consists of, doing some act which in the circumstances a reasonable prudent person would not do or failing to do some act which in the circumstances such a person would do, or failing to use such skill or take such care in the exercise of a profession, trade or occupation as a reasonable prudent person qualified to exercise such profession, trade or occupation would in the circumstances use or take, and thereby causing damage.

Some cases which constitute negligence may also constitute breach of contract. Also there may be cases which, prima facia, seem like they are negligence cases but they actually are breach of contract cases. According to the Law in the TRNC, in civil actions, if the circumstances and facts of your case fall into both definitions, you can not claim for damages or compensation from the defendant with both cause of actions and therefore you would have to pick one of them.

The Law applies to everybody including ADVOCATES and if ever there is a Law contrary to the provisions of the TRNC constitution the constitutional court can, if found just, cancel them… Which is another subject…

You can’t win without a fight….

Print Friendly, PDF & Email

Comments are closed.