Tort Terminology & Latin

Question 1

Definition of negligence

Answer 1

Negligence is the breach of a legal duty to take care by the defendant resulting in loss or damage to the claimant. This is clearly distinguishable from what a lay person might refer to as mere carelessness or recklessness.

Question 2

Types of losses

Answer 2

1. Physical / bodily injury; 2. psychiatric harm; 3. property damage; 4. Economic loss caused by personal injury / damage to property; 5. Other economic loss

Question 3

Policy consideration

Answer 3

‘Courts will consider the impact of a decision socially, politically and economically on society as a whole. Policy considerations can narrow or broaden the scope of claims depending on the prevailing legal mood at the time.’

Examples:

1. Floodgates
2. Insurance;
3. Crushing liability
4. Deterrence (immoral or unprofessional behaviour; against morally virtuous but reckless or dangerous behaviour)

Question 4

Positive duty

Answer 4

Positive duty puts an obligation to do an act, on the part of the person on whom it is imposed.

Example:
If a statute imposes a particular requirement to act then a failure to do so can be the basis for liability. For example, the Occupiers’ Liability Act 1957 imposes such requirements.

Question 5

Novus actus interveniens

Answer 5

An act or event that breaks the causal connection between a wrong or crime committed by the defendant and subsequent happenings and therefore relieves the defendant from responsibility for these happenings. In tort the chain of causation may be broken by:

1. the claimant
2. natural events; or
3. a third party