Negligence

Question 1

What is a tort?

Answer 1

A civil wrong committed against another person

Question 2

What categorises a tort?

Answer 2

• Non contractual
• Not a criminal offence
• Imposed ny law

Question 3

What can be caused by a tort?

Answer 3

• Pain and suffering
• Medical expenses
• Loss of income

Question 4

What establishes liability?

Answer 4

• The defendant owed the claimant a duty of care
• The defendant breached the duty of care
• The defendants breach caused the damage

Question 5

Why is a party not automatically liable for every negligent act committed

Answer 5

The defendant must owe the injured claimant a duty of care

Question 6

What are the three stages if the three stage test?

Answer 6

• 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

Question 7

When can failure to act be a liability issue?

Answer 7

If its part of your job e.g. lifeguard

Question 8

Why is economic loss limited?

Answer 8

• Prevent ‘litigation floodgates’ e.g. false/exaggerated claims
• Ultramares corporation vs Touche (1931)

Question 9

What is the exception to the rules on economic loss?

Answer 9

• Negligent misstatement

- Hedley Byrne v Heller

Question 10

When does a standard of care by the ‘reasonable person’ apply?

Answer 10

-Skilled defendants

Question 11

What are the conditions for a skilled defendant acting below the standard of care?

Answer 11

• Likelihood of harm
• Seriousness of the harm
• Practicability of precautions
• Social utility
• General practise

Question 12

What is the standard of care taken by the ‘reasonable man’

Answer 12

• 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

Question 13

What are two examples of duty of care?

Answer 13

• 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

Question 14

Whats an example of a tort and a criminal offence (same time)

Answer 14

Driver drives recklessly and knocks cyclist off their bike:

• Criminal > reckless driving
• Civil (tort) > cyclist sues for damages

Question 15

What are some areas torts cover?

Answer 15

• Negligence
• Nuisance
• Trespassing
• Defamation

Question 16

What does a claimant have to prove?

Answer 16

• The defendant caused the damage as a matter of FACT

- The damage wasn’t reasonably foreseeable

Question 17

What is the ‘But for’ test?

Answer 17

The claimant must prove that negligence caused the injury or loss sustained (i.e. it wouldn’t have happened ‘but for’ the negligence)

Question 18

What is a Novus actus interveniens?

Answer 18

A ‘new intervening act’ that relieves the defendant from responsibility for the happenings

Question 19

What are three types of ‘intervening acts’?

Answer 19

• Natural event
• Act of third party
• Unlwful/unreasonable conduct by the claimant

Question 20

What does remoteness of damage relate to?

Answer 20

The defendant is only responsible for what a reasonable man would’ve forseen as a likely consequence of the action

Question 21

What is an example of Remoteness of damage?

Answer 21

Stewart vs West African terminals

Question 22

What is the “egg shell skull” rule?

Answer 22

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

Question 23

What are some defences to negligence?

Answer 23

• Contributory negligence
• Volenti non fit injuria
• Ex turpa casa

Question 24

What is contributory negligence?

Answer 24

• Reduces the damage the court awards to the claimant

- Essentially shares the responsibility

Question 25

What is volenti non fit injuria?

Answer 25

If someone willignly places themself in harms way and is harmed, they cannot bring a claim against the other party

Question 26

What is ex turpi causa?

Answer 26

Because the claimant action is illegal, the claim is defeated