NEGLIGENCE Flashcards
WHAT IS NEGLIGENCE
The law concerning actions that create injury or financial loss to another due to a failure to use reasonable care.
It provides the basis for an individual to seek damages from other individuals or
private or public organisations that were the legal cause of injury or loss
What is tort
Torts are civil wrongs done by one party to another. A tort causes a person to suffer loss or harm.
What is defamation
where a person’s reputation is damaged by another party’s publication of untruthful statements;
What is False imprisonment
where a person is unlawfully deprived of their freedom to move around.
What are damages
A person who is the claimant in a tort may sue for ‘damages’ (a monetary amount).
In order to be awarded damages, the plaintiff needs to prove that he or she has suffered loss or injury as a result of the tort.
Damages can be awarded on different basis depending on the type of loss or injury suffered by the plaintiff, the seriousness of the tort and the conduct of the parties.
