C5) Negligence Flashcards
(10 cards)
1
Q
What is Negligence?
A
Negligence is a tort (a civil wrong) that occurs when someone fails to take reasonable care, and as a result, causes harm to another person.
2
Q
What is another name for a civil wrong?
A
A tort
3
Q
What is another name for a tort ?
A
A civil wrong
4
Q
What are the three elements to establish Negligence?
A
Duty of care
Breach of duty
Damage Cause
5
Q
What is duty of care ?
A
The defendant owed the claimant a legal duty to take care.
6
Q
What is breach of duty?
A
The defendant did not meet the standard of care expected.
7
Q
What are the remedies for negligence ?
A
Damages - financial compensation for loss or injury
Injunctions
8
Q
What is damage caused?
A
The breach caused loss or harm.
9
Q
What does res ipsa loquitur mean?
A
The thing speaks for itself
10
Q
A
