3 The Law Of Torts Flashcards
What is a tort?
It is a type of civil wrong
What is a tort of negligence?
- A duty of care was owed to them.
- There was a breach of the duty
- The damage was caused by negligence
Definition of neighbour in negligence
Persons who are so directly affected by my act that I ought reasonably to have them in contemplation
What are the four tests of the limit of duty of care?
- Were the damages reasonable foreseeable?
- Is their a neighborhood principle
- Is it fair to impose a duty of care between the parties
- Is there a matter of public policy
What should be taken into account in a breach of duty?
- Lack of skill isn’t a defense
- No negligence if reasonable precautions have been taken
- Courts take in to account the surrounding circumstances
What is contributory negligence?
The court may reduce damages rewarded to the claimant depending on how responsible they were for their own loss
What is Volenti non fit injuria?
If the person has freely consented to a act of negligence they cannot claim
What is Novus Actus Interveniens?
An intervening act that removes liability from the defendant
What is an exclusion clause?
If valid is a valid defense. Needs to fall within the Consumer Rights Act 2015.
Is liability excluded if it is an act of go?
Yes
What is the tort of passing off?
Where one business uses a name similar to an other which can lead a person into believing they are the same business.
What is the remedy for passing off?
The court may restrain the company from trading under the business name
