The Law of Tort

Question 1

What is the tort of negligence?

Answer 1

the defendant is liable for all damage caused by his breach of duty to take responsible care, provided that the damage is not too remote

Question 2

What are the 5 essential components of tort of negligence?

Answer 2

1. A duty of care
2. There is a breach of that duty
3. There is damage to the claimant
4. There is causal link between damage and breach
5. Damage is not too remote

Question 3

What does duty of care refer to?

Answer 3

Legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care in the performance of an act that could foreseeably cause harm to others

Question 4

What does the neighbour principle refer to?

Answer 4

You must take reasonable care to avoid acts or omissions which you can foresee would be likely to injure your neighbour

Question 5

When does duty of care exist?

Answer 5

Usually established by president.
Caparo Test:
-harm must be reasonably foreseeable
-parties must be in proximity
-it must be fair and just to impose liability

Question 6

Name two special duty problems

Answer 6

1. Pure economic loss- not arising from physical injury as a result of negligent misstatement
2. Pure psychiatric injury- mental injury sustained due to shock

Question 7

What circumstances determine a standard of care?

Answer 7

-magnitude of risk
-cost of eliminating risk
-conformity with standard practice
-social value of activity

Question 8

What constitutes damage?

Answer 8

Claimant must suffer actual physical harm/damage. Harmless exposure does not constitute damage

Question 9

Name some defences for negligence

Answer 9

-Volenti (voluntary)
-Illegality
-Contributory negligence (partial defence)

Question 10

The law of tort is found under what law?

Answer 10

civil law

Question 11

The main function of the ‘duty of care’ in negligence is to:

Answer 11

Ensure that the scope of the law does not extend too widely

Question 12

The idea of the ‘reasonable person’ in the tort of negligence means that:

Answer 12

The views of the court as to whether the act was negligent is significant in determining the level of care required

Question 13

The ‘but for’ test for finding causation may be defined as:

Answer 13

But for the defendant’s negligence, the damage would not have occurred