5 - negligence

Question 1

what is the limitation period for tort

Answer 1

six years from breach of contract or six years from damage caused

Question 2

what are the three things that must be proven for negligence

Answer 2

the defendant owed a duty of care
there was a breach of the duty
the claimant suffered injury, damage or loss

Question 3

what is contributory negligence

Answer 3

if damage was partly due to the claimants fault, the claimants damages will reduced in proportion to their negligence

Question 4

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