Chapter 5A/B: Negligence Part 2 Flashcards
What does the limitations of actions state regarding negligence?
A claim in negligence must be pursued within 3 years of the cause of action arising
What is the cause of action defined as?
The date which the plaintiff first knew they suffered injuries which were caused by the acts or omission of another person
What are the two common defences against a negligence claim?
Contributory negligence and voluntary assumption of risk
In order to establish contributory negligence, what must the defendant prove?
- The plaintiff themselves behaved negligently
- The plaintiff’s negligence was a contributing cause of the damage suffered
What is the strength of a contributory negligence defence?
It is not a complete defence, meaning that even if successful, the defendant will still be liable for negligence
In order to establish voluntary assumption of risk, what must the defendant prove?
- The plaintiff had full knowledge of the nature and extent of the risk
- The plaintiff freely and voluntarily agreed to incur the risk of injury
What is the strength of a voluntary assumption of risk defence?
It is a complete defence, meaning that the defendant will no longer be liable for negligence if proven
What is a remedy?
An order from the court which upholds the plaintiff’s civil rights by providing compensation for the loss or injury that they have suffered
What are damages?
The most common form of remedy; a monetary compensation to the plaintiff, to be paid by the defendant
What are specific damages?
Damages which have a precise value and are easily quantifiable, such as medical bills resulting from injury obtained due to the defendant’s negligence
What are general damages?
Damages that do not have a precise value and are not easily quantifiable, such as compensation for pain, suffering or loss of quality of life
What are aggravated damages?
Further compensation for humiliation and insult, such as embarrassment or distress resulting from the defendants negligence
What is the impact of negligence on plaintiffs?
- Physical injuries such as being injured at work
- Psychological injuries such as being fearful to return work
- Financial loss such as loss of income from taking time off work
What is the impact of negligence on defendants?
- Reputational damages
- Financial loss in terms of damages paid/legal costs
- Cultural changes within industries
- Third-party claims or classs actions
