10.1 Negligence

Question 1

Negligence

Answer 1

A type of tort that involves a breach of duty of care, causing a loss or harm

Question 2

Rights protected by negligence

Answer 2

Protect an individuals right to be safe from harm

Question 3

Aim/Purposes of Negligence

Answer 3

-Establish legal principles when someone is owed a duty of care and what sort of precautions they need to take to fulfill this duty
-Allow parties to seek a remedy against those who have breached the duty of care
-Establish limitations for what remedies may be sought where there has been a breach of conduct

Question 4

Duty of Care is owed If…

Answer 4

-Risk of harm was forseable
-The risk was significant
-Reasonable person in the same circumstances would have taken precautions
-

Question 5

Negligence Elements

Answer 5

-Duty of Care
-Breach of Duty of Care
-Causation
-Loss

Question 6

Breach of duty of care, Standard

Answer 6

-Likely risk of harm
-Likely seriousness of harm
-Burdern of taking precautions to avoid the risk of harm
-Benefit or worth of the activity that creates the risk of harm

Question 7

Causations, Standard

Question 8

Nervous shock

Answer 8

A phycological reaction by ham that is more serious than ordinary grief or stress

Question 8

Injury

Answer 8

-Plaintiff can only achieve a legal remedy if it can be proven they suffered a loss
-Economic or Financial Loss
-Property Loss
-Personal Injury
-loss of amenity

Question 9

Limitation of Actions

Answer 9

Defamation = One Year
Negligence = 6YEARS

Question 10

Negligence Defences

Answer 10

Contributory Negligence
-A defense from the defendant arguing that the plaintiff contributed to the harm caused by the defendant if proved. Reduces the damages payed by the defendant

Assumption of risk
-Defendant claims that the plaintiff accepted the dangers of a known and understood risk either expressly or by implication

Question 11

Exceptions to negligence

Answer 11

-Signing a waiver accepting responsibilites for injuries suffered
-Volunteers
-

Question 12

Compensatory damages

Answer 12

An amount of money owed to the plaintiff, for harm injury

Question 13

Special Damages

Answer 13

The amount of money that one party is ordered to pay another to compensate for losses equally calculated
-Economic loss that can be calculated

Question 14

General Damages

Answer 14

Compensates non economic loss, compensates pain and suffering which can’t be easily calculated
-Significant injuries

Question 15

Aggravated damages

Answer 15

Compensates plaintiffs for humiliation or embarrassment as a result of the defendants actions

Question 16

Impacts on the Plaintiff

Answer 16

-Loss of life. Fatal accidents
-Serious injury
-Emotional impact on the breach
-Loss of wages
-impacs on mental health

Question 17

Impacts on the defendant

Answer 17

-Loss of business
-Public humiliation
-Physical Injury
-Costs
-Need to sell assets