Chapter 8 Flashcards
What does tort refer to?
The act or omission committed by a defendant which causes harm to the plaintiff.
What does the harm caused entitle the plaintiff to?
To claim monetary compensation in the form of damages from the defendant.
What does liability of tort arise from?
A relationship between the parties.
What does liability of tort involve?
A breach of duty imposed by law.
What is the similarity between contract law and tort law?
The plaintiff can sue the defendant for monetary compensation.
What is the difference between contract law and tort law? Explain the overview and then for each law.
Main difference- involvement of contract and the way the plaintiff suffers harm.
Contract- parties enter into a legally binding agreement. When the defendant breaches the contract, the plaintiff suffers loss.
Tort- parties are independent of a contract, no agreement is involved. When the defendant infringes the plaintiff’s rights, the plaintiff suffers harm.
What is the difference between criminal law and tort law? Explain for each law.
Criminal law- motive is relevant
Tort law- motive is generally irrelevant
What are some of the types of tort?
Defamation and negligence.
Under negligence, what does the law impose on us?
A duty to take reasonable care so that we do not cause harm to another person or their property.
When can a plaintiff sue a defendant for negligence?
When the plaintiff suffers injury or damage in his property as a result of the defendant’s failure to exercise reasonable care, as required by the law.
What could have caused the injury or damage?
A negligent act or omission.
What is (1) act (2) omission?
Act- defendant did something
Omission- defendant failed to do what he should have done
What are the elements of negligence? (4)
(1) Defendant owed him a duty of care
(2) Defendant breached that duty
(3) Defendant’s breach was the direct cause of his loss or injury
(4) His loss or injury was not remote
To succeed in an action for negligence, how many elements must the plaintiff prove?
All 4.
What view does the Court always take?
A careless person should not have to compensate all the people who suffer as a result of his conduct.
What does ‘A careless person should not have to compensate all the people who suffer as a result of his conduct’ mean?
A careless person only needs to compensate a victim of his carelessness if he owes him a duty of care.
What is the relationship between the parties if one owes a duty of care to another?
A relationship that is recognized in the eyes of the law, as giving rise to certain duties.
What are the tests used to determine whether the defendant is liable to the victim?
Reasonable foreseeability/Neighbour test.
How do these tests help the Court in general?
Helps the Court to consider the interests of all the victims concerned, whilst being fair to the careless person.
What is the rationale behind the neighbour test?
A duty of care is owed by the defendant to his ‘neighbour’.
Who is the defendant’s ‘neighbour’?
A ‘neighbour’ is someone whom the defendant can reasonably foresee to be injured by his act or omission.
In other words, who is the defendant’s ‘neighbour’?
A reasonable man in the position of the defendant can reasonably foresee injury to the plaintiff by his conduct.
How does distance affect the duty of care?
A duty of care may be owed to a person regardless of whether the person was near to or far away from the defendant.
In Singapore, what is the case representing the duty of care?
Spandeck Engineering Pte Ltd v Defence Science & Technology Agency (2007)
According to the Spandeck case, what is the first step in determining a duty of care?
Factual determination of whether it was reasonably foreseeable for the plaintiff to be injured as a result of the defendant’s actions.
The first step is followed by a 2-stage test, what is the first stage? What is the purpose?
Determine whether there is a proximate relationship between the parties. To find out whether the parties ought to consider each other when performing their respective parts in the contract.
