Ch 8- Law Of Torts And Professional Negligence

Question 1

What is a tort?

Answer 1

A tort can be defined as any wrongful act towards an individual that leads to a civil claim.

Question 2

The 4 requirements to claim damages for tort –

Answer 2

1. A duty of care is owed to the claimant
2. There has been a breach of duty which means that the defendant has failed to act reasonably
3. The breach of duty caused harm to the claimant.
4. The losses were not too remote.

Question 3

Which principle may overrule the law of remoteness?

Answer 3

Thin skull principle.