Week 15: Worksheets Flashcards
What is the definition of Obediential?
Conformity/obligatory/imposed
Contrast with ‘conventional’ - ex contractu, ex voluntante
What is the definition of Ex lege?
Imposed by law
What is the definition of Culpa?
Fault, blame (no liability without fault, may be some exceptions)
What is Delict?
Contrast with criminal law - ‘criminal wrong’
Civil wrong or wrongful act
What is Tort?
Equivalent to Delict but its England
What is the definition of Duty of Care?
A recognised legal duty incumbent on the defender
What is the Breach of Duty of Care?
Where that duty falls short of the standard of care (the standard of the ordinary reasonable person in the circumstances of the defender)
What is Causation?
The relationship between the breach and harm - the cause (mix of question of fact and law)
What is Damnum injuria datum?
Loss caused by a legal wrong
What is Damnum absque injuria (Damnum sine injuria)?
Loss without a legal wrong (supermarket example)
What is Injuria sine damno?
Legal wrong without harm or loss (e.g., McFarlane case - failed vasectomy)
What is Strict liability?
The exception - when there is no requirement to prove fault.
Liability regardless of fault
What is Occupiers’ liability?
Duty of care on the occupiers’ of land or premises
Liability re. dangers due to the state of the premises or anything done or omitting to be done…)
What is Vicarious liability?
Vicarious = in place of another
Where one party is liable for the actions of another (for example, an employer being liable for actions of employee)
What is Reparation?
…to make good the loss
What is Solatium?
An award of damages for pain and suffering (for example, Mcfarlane)
