The law of torts

Question 1

Define tort

Answer 1

A civil wrong other than a breach of contract

Question 2

Aspects of negligence

Answer 2

The claimant must show:
they were owed a duty of care
that the duty of care was breached
actual damage was caused in fact and in law

Question 3

Define negligence

Answer 3

The omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or something which a prudent and reasonable man would not do

Question 4

Define neighbour

Answer 4

A neighbour is someone who is closely and directly affected by an action that a reasonable person ought reasonably to have him in his contemplation at the time of acting

Question 5

Damage in law

Answer 5

Claimant must show connection of the breach to damage, the damage must not be to remote from the breach