The Tort of Negligence

Question 1

What is Tort

Answer 1

A civil wrong that entitles the claimant to the remedy of compensation

Question 2

What is the tort of negligence

Answer 2

Everyone owes a duty of care to other people, therefore procedures/precautions need to be taken to avoid injuries or loss to others
This is the breach of this duty

Question 3

Tort v Crime

Answer 3

Crime - Defendant prosecuted by state (Magistrates/Crown court) and can be imprisoned/fined.
Tort - Defendent sued by claimant (County/High court) and can pay compensation

Question 4

3 elements of negligence

Answer 4

1. Defendant owed the claimant a duty of care
2. Defendant broke duty of care
3. Claimant suffered loss or damage as a result of breach

Question 5

Duty of care

Answer 5

Claimant should show that defendant should have had them in mind when embarking course of conduct which lead to alleged damage

Question 6

Donoghue v Stevenson (1932)

Answer 6

C’s friend bought drink from D
C drank and became ill
C sued D
D was liable to C
Prob: was C didn’t buy it, their friend did
Lead to new law by Lord Atkin “Neighbour Pirnciple”

Question 7

Neighbour Principle (Lord Atkin)

Answer 7

Expanded scope of negligence tort:
Manufacturer
Product
Consumers

Question 8

Element of duty of care

Answer 8

1. Proximity - Claimant and defendant must have a relationship
2. Reasonable foreseeable - have to show that Claimant was vulnerable to risk created by defendant
3. Fair, reasonable and just
4. Economic loss are not covered or rarely give rise to duty of care

Question 9

Volenti non fit injuria

Answer 9

The claimant knew a willing consented to the risk (Smith v Baker 1891)

Question 10

Contributory negligence

Answer 10

Claimant is partly to blame for accident or injuries