Law2 Part1 - Negligence

Question 1

What kind of law does negligence go under?

Answer 1

Private Law: not public/criminal

Question 2

What is negligence a species of?

Answer 2

“Tort” (wrong)

Question 3

What is negligence?

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Answer 3

some act done by a person where he or she has, without just cause or excuse, caused harm to the plaintiff; liability for careless acts or omissions

Question 4

What are other types of torts aside from negligence?

Answer 4

defamation, breach of privacy and nuisance

Question 5

Is tort a contract?

Answer 5

NO

Question 6

What is the main difference between contract and tort?

Answer 6

distinction is the relationship between the parties

Question 7

Explain the difference between contact and tort

Answer 7

Contract
–parties have entered into an agreement
–obligations and duties are fixed by the parties to the contract under their own agreement
–liability for breach of contract stems from the agreement
–a person who is not a party to a contract cannot incur liability under it.

Tort
–there is a duty imposed on persons to the world at large not to cause harm or injury to others
–the liability in tort does not stem from a particular contractual relationship between the parties

Question 8

What are the 3 key elements of negligence?

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Answer 8

1. Duty of care owed –person is a ‘neighbour’
2. Breach of duty –failed to reach the standard of care a reasonable person (or person professing special skills) ought to have
3. Breach causes loss/damage –“but for” the failure in duty the loss/damage would not have occurred –not too remote

Question 9

In terms of negligent advice, explain duty

Answer 9

usually arises when advisor is in business of giving advice/ holds themselves out as having skill and expertise (the defendant knew or ought to have known the advice would be relied upon)–CP Eng, IPENZ, AAAI, Chartered/Registered, etc

Question 10

In terms of negligent advice, explain breach of duty

Answer 10

standard assessed by reference to the reasonable specialist advisor/expert –could be reflected in a code of ethics

Question 11

In terms of negligent advice, explain loss

Answer 11

must prove actual loss –measurable –below market value

Question 12

QUESTION

Annsv Merton London Borough Council

The tenants and owners of a block of flats sued the council for subsidence damage to the flats caused by inadequate foundations which the council’s inspector had failed to inspect as required by law.

–Did the inspector owe a duty of care?
–Did the inspector breach that duty?
–Did the breach cause a loss? i.e. if had done inspection, would the consequence have been avoided?

Answer 12

1. yes, inspect is used to prevent issues
2. yes, breach of duty of inspecting
3. yes