Topic 3: Key Terms and Concepts Flashcards
Foreseeability
A question of fact based on an objective test of whether a reasonable person would have foreseen that, taking into account all the circumstances of the particular case, there was a real risk of livelihood of injury to people in the plaintiff’s position.
Duty of care
a
Negligence
a
Standard of care
a
Contributory negligence
A defence available to a defendant at common law for damages for injuries arising from the plaintiff’s negligence.
Breach of duty
a
Damage
a
Causation
a
Remoteness
a
Occupier’s liability
The liability of those people who have control over their land or premises to anyone who comes onto their property to ensure that they are not exposed to danger and risk of injury.