Tort law

Question 1

Origins of obligations

Answer 1

moral
social
legal- contractual, criminal, civil (tort)

Question 2

what is tort

Answer 2

a legal remedy for individuals or entities who have suffered harm due to the wrongful actions or negligence of others
main purpose: compensate the injured party

Question 3

types of tort

Answer 3

intentional
negligence
strict liability

Question 4

tort of negligence

Answer 4

breach their duty of care, resulting in harm or injury

Question 5

requirements to prove tort of negligence

Answer 5

duty of care
breach of duty
causation
damages

Question 6

breach of duty requirements

Answer 6

A. Standard of care/ Objective standard- eg medical professionals have a higher standard of care than an ordinary person
B. The Reasonable Person Test- whether a reasonable person would have acted differently to prevent harm

Question 7

the Neighbour principle

Answer 7

From Donoghue v. Stevenson case- snail in the bottle. the bottle was bought by a friend of Donoghue

Neighbour principle: individuals must take reasonable care to avoid acts or omissions that might reasonably foreseeably injure their neighbours

Question 8

phases of causation

Answer 8

Determine X: what created the event
Determine Y: the damage/ loss
Phase 1- causation in fact- would Y have occurred even if X had not occurred?
Phase 2- causation in law- foreseeability
- relevant factors: nature of liability and type of damage
Conclusion- liable or not

Question 9

types of damages

Answer 9

moral
material
pure economic loss- not recoverable

Question 10

requirements for damages for secondary victims

Answer 10

1. medically recognised illness as a result of a sudden and immediate attack upon senses
2. close bond of love and affection
3. reaction of a reasonably brave person
4. claimant eas sufficiently proximate to the accident- time and space- direct witness, immediate aftermath, close physical presence
   
   • not sufficient proximity: indirect exposure, subsequent awareness, physical separation