negligent terms to know

Question 1

Negligence

Answer 1

a person who fails to take responsible care, and injury or damage results

Question 2

purpose of negligence laws

Answer 2

to make sure people have an onus to care for others. This also allows other people to claim compensation for a negligent act done to them

Question 3

onus of proof

Answer 3

rest on the plaintiff to prove there was a breach of DOC and has suffered loss or damages

Question 4

standard of proof

Answer 4

based on the balance of probabilities

Question 5

Duty of Care

Answer 5

an obligation imposed on a person to take reasonable care to not cause harm on another person

Question 6

foreseeable damages

Answer 6

a reasonable person should be able to reasonably foresee the consequences of any damages

Question 7

causation

Answer 7

damage/harm directly caused by the actions of the defendant

Question 8

elements of negligence

Answer 8

1. prove an existence of DOC - Donohue v Stevenson (1932) AC 562
2. A breach of DOC - sec 9 CLA 2003
3. reasonably foresee damages

Question 9

novus actus interveniens

Answer 9

if proven that an act that breaks the chain of causation means the defendant is not liable for the damages

Question 10

remoteness

Answer 10

was damages caused by an intervening act - if damae suffered involves mental harm or trauma the damage is too remote

Question 11

the reasonable person tests

Answer 11

how would a reasonable person act in the same situation

Question 12

the neighbour principle

Answer 12

1. proximity
2. foreseeability
3. fair, just and reasonable - fair judgement on the appropriate reaction

Question 13

limitations to negligence

Answer 13

damages must not be too remote from the cause of the negligence

Question 14

but-for test

Answer 14

but why? … But for this instance –> a reasonable person test to test negligence

Question 15

defences to negligence

Answer 15

1. contributory negligence - partly contributed to negligent act, suffered damages partly due to their own fault - compensation can be reduced if proven
2. voluntary assumption fo risks - in dangerous recreational activities; assumption that there is a risks
3. illegality of the activity - where they committing a crime when the negligent act happened

Question 16

types of remedies

Answer 16

1. damages - general, special damages and future economic loss
2. injunction - stop performing unlawful act

Question 17

what is general damages?

Answer 17

assessed by the courts according to the damages and long term consequences (pain, loss of amenities/life expectations and disfigurement)

Question 18

what is special damages

Answer 18

given precise monetary value/conpensation - pay off the cost of hospital bills, taxi and physiotherapy

Question 19

what is future economic loss

Answer 19

loss of future earnings - plaintiff not being able to go back to work or get a job due to the injury

Question 20

benefits to damages

Answer 20

restoring the plaintiff to their original position if they experienced financial loss

Question 21

limitation to injunctions

Answer 21

may not be able to fully restore plaintiff back to original position if experienced emotional loss and potential future earnings

Question 22

benefits to injuctions

Answer 22

a court directs defendant to start or stop a particular act to prevent further injuries

Question 23

limitation to injunctions

Answer 23

unable to restore plaintiff back to original position

Question 24

what are the 3 types of proximity

Answer 24

1. casual - connection between act and injury - closeness
2. circumstantial - special relation like employee and employer
3. physical - one party has a physical impact on the other due to their actions in a situation at the time