NEGLIGENCE:

Question 1

NEGLIEGENCE LAW?

Answer 1

negligence laws ensures people are protected from harm by legally enforcing all individuals and organisations to take reasonable care and avoid causing harm to another party.

Question 2

THE RIGHTS PROTECTED BY LAW (NEGLIGENCE)

Answer 2

• protect an individuals right to be safe from unjust harm, loss or damage

Question 3

ELEMENTS OF NEGLIGENCE?

Answer 3

duty of care, breach, causation, remoteness

Question 4

LIMITATIONS OF ACTIONS FOR NEGLIGENCE:

Answer 4

3 years for negligence, and can be extended if given permission from a judge

Question 5

POSSIBLE DEFENCES FOR NEGLIGENCE?

Answer 5

contributory negligence: this means that the plaintiff is partly at fault of the situation
assumption of risk: the plaintiff had full knowledge of the risks

Question 6

POSSIBLE REMEDIES FOR NEGLIGENCE?

Answer 6

specific damages: has precise values such as loss wages
general damages: don’t have precise values such as inability to walk

Question 7

IMPACT ON NEGLIGENCE? (ON THE PLAINTIFF AND DEFENDANT)

Answer 7

PLAINTIFF: loss of life, serious physical injury
DEFENDANT: loss of business, physical injury