Negligence Flashcards
What is a tort?
A civil wrong committed against another person
What categorises a tort?
- Non contractual
- Not a criminal offence
- Imposed ny law
What can be caused by a tort?
- Pain and suffering
- Medical expenses
- Loss of income
What establishes liability?
- The defendant owed the claimant a duty of care
- The defendant breached the duty of care
- The defendants breach caused the damage
Why is a party not automatically liable for every negligent act committed
The defendant must owe the injured claimant a duty of care
What are the three stages if the three stage test?
- Was the harm or loss caused reasonably foreseeable?
- Was their sufficient relationship of proximity between the claimant and defendant
- Was it ‘fair, just and reasonable’ to impose a duty of care
When can failure to act be a liability issue?
If its part of your job e.g. lifeguard
Why is economic loss limited?
- Prevent ‘litigation floodgates’ e.g. false/exaggerated claims
- Ultramares corporation vs Touche (1931)
What is the exception to the rules on economic loss?
- Negligent misstatement
- Hedley Byrne v Heller
When does a standard of care by the ‘reasonable person’ apply?
-Skilled defendants
What are the conditions for a skilled defendant acting below the standard of care?
- Likelihood of harm
- Seriousness of the harm
- Practicability of precautions
- Social utility
- General practise
What is the standard of care taken by the ‘reasonable man’
- The standard of care is an objective one
- Defendant must act with the degree of care and skill expected from a REASONABLE and PRUDENT person in the same circumstances
What are two examples of duty of care?
- A driver in a car owes a duty of car to other road users
- An owner of a property owes a duty of care to any visitors
Whats an example of a tort and a criminal offence (same time)
Driver drives recklessly and knocks cyclist off their bike:
- Criminal > reckless driving
- Civil (tort) > cyclist sues for damages
What are some areas torts cover?
- Negligence
- Nuisance
- Trespassing
- Defamation
What does a claimant have to prove?
- The defendant caused the damage as a matter of FACT
- The damage wasn’t reasonably foreseeable
What is the ‘But for’ test?
The claimant must prove that negligence caused the injury or loss sustained (i.e. it wouldn’t have happened ‘but for’ the negligence)
What is a Novus actus interveniens?
A ‘new intervening act’ that relieves the defendant from responsibility for the happenings
What are three types of ‘intervening acts’?
- Natural event
- Act of third party
- Unlwful/unreasonable conduct by the claimant
What does remoteness of damage relate to?
The defendant is only responsible for what a reasonable man would’ve forseen as a likely consequence of the action
What is an example of Remoteness of damage?
Stewart vs West African terminals
What is the “egg shell skull” rule?
You must take your victim as you find them, i.e. if they have a condition that means the event affects them more, this fact is ignored
What are some defences to negligence?
- Contributory negligence
- Volenti non fit injuria
- Ex turpa casa
What is contributory negligence?
- Reduces the damage the court awards to the claimant
- Essentially shares the responsibility
What is volenti non fit injuria?
If someone willignly places themself in harms way and is harmed, they cannot bring a claim against the other party
What is ex turpi causa?
Because the claimant action is illegal, the claim is defeated
