Tort of negligence

Question 1

What is tort law?

Answer 1

A civil loss where an innocent party suffers loss or harm
Sued for compensation
Heard in civil court

Question 2

What is the duty of torts?

Answer 2

Duty owed to persons in various circumstances

Question 3

What must they prove for tot of negligence

Answer 3

1. The defendant owed the claimant a duty of care
2. The defendant breached that duty of care
3. Reasonably foreseeable damage was caused by the breach

Question 4

What is the neighbor principle and state case law.

Answer 4

The neighbour principle determines whether a duty of care was owed for a loss caused by negligence
Donoghue v Stevenson (1932)
Every person owes a duty of care to their neighbour- this is somebody that a person can reasonably foresee would be harmed by their actions or omissions

Question 5

When does a duty of care exist?

Answer 5

1. Was the harm or loss reasonably foreseeable?
2. Was there a sufficient relationship of proximity between the claimant and the defendant for the duty to be imposed?
3. Is it fair, just or reasonable that the law should impose a duty on the defendant?

Question 6

What is pure economic loss?

Answer 6

Claimant suffers a final loss, but not for reasons due to any injury or damage to their property

Question 7

What is the standard of care?

Answer 7

The defendant must act with a degree of care and skill expected from a reasonable person
What was the likelihood of harm being caused to claimant?
What was the potential seriousness of harm?
How reasonable/practical was it to take precautions (including cost of doing so)?
Was there an emergency situation? What was the social usefulness of the defendants action?

Question 8

What is the eggshell skull principle?

Answer 8

The defendant must take their victim as they found them
This means if the victim suffers a greater unhurt because they have a particular susceptibility or weakness, the defendant is still liable for the full extent of their injuries

Question 9

What is psychiatric injury and what are the types of victims?

Answer 9

Sometimes referred to as ‘nervous shock’
More problematic to claim than for physical injury
Needs to be evidence that claimant suffered a serious psychiatric illness as a result of loss

primary victim - someone involved in the incident
secondary victim - someone who is a witness to the incident or its immediate aftermath (does not include watching on TV)

Question 10

What is the criteria to be a secondary victim?

Answer 10

1. A medically-recognized psychiatric illness was suffered
2. A close tie of love and affection with someone involved in the accident
3. A geographical proximity to the accident (immediately or immediate aftermath)

Question 11

What remedies can you claim for damages or injury?

Answer 11

You can take action for loss via contract
But this may no longer be available (product may have gone into liquidation, no contact between you and seller)
You could sue via tort of negligence
You could claim under the consumer protection act 1987

Question 12

Who are the potential defendants under the consumer protection act 1987

Answer 12

1. producer
2. own brander
3. Importer
4. Supplier

Question 13

What are the losses recoverable under the act?

Answer 13

Death or personal injury
Damage to ‘other’ private property over £275
Cannot claim damage for product itself (that is under contract law)

Question 14

What is vicarious liability?

Answer 14

Being held liable for the tort of others
Arises because there is a special relationship between the parties
The person who commits the tort is still liable, nut where there is vicarious liability, another person is also liable
Often arises in employment situations, where an employer is vicariously liable for the torts committed by employees

Question 15

What is occupiers liability?

Answer 15

When people enter upon your land, there are statues that apply to you (as occupiers) regarding their safety
Visitors: those who have express or implied permission from the occupier to be there (inc 999)
Non-visitors: people who don’t have legal right to be on the land

Question 16

What is the liability to visitors and what act is it?

Answer 16

Occupiers Liability Act 1957
An occupier of land owes a common duty of care to all visitors on their premises
Occupier must take such care that the visitor will be reasonably safe in the premises for the reason they have been invited
Takes into account reasonably expected by the visitor

Question 17

What is the liability to non-visitors and what act is it covered by?

Answer 17

Same act but different year - occupiers liability act 1984
No automatic duty of care
But if a trespasser is injured, a duty of care exists if:
1. The occupier was aware of the danger on the premises, or had reasonable ground to have known it existed
2. The occupier knew or had reasonable grounds to believe that the trespasser was in the vicinity of the danger
3. The risk was one which the occupier could reasonably be expected to offer the trespasser some protection

Question 18

What is a private nuisance?

Answer 18

Unlawful interference with someone’s use or enjoyment of their land
From a business perspective, this includes unreasonable levels of noise and emitting fumes
Just because there is planning protection does not mea nuisance does not exist (Coventry v Lawrence)