The Tort Of Negligence

Question 1

Tort law

Answer 1

A civil wrong where an innocent party suffers loss or harm, normally ends up with compensation paid.

Question 2

Tort of negligence

Answer 2

Where persons cause harm to others due to negligence. In order to succeed in legal action. The claimant has to prove three things:
1. The defendant owed the claimant a duty of care
2. The defendant breached the duty of care
3. Reasonable foreseeable damage was caused by the breach

Question 3

Duty of care

Answer 3

The Neighbour principle: Every person owes a guy of care to their neighbour - a person who could be injured by their acts or omissions
Three test:
1. Was the harm or loss caused reasonably foreseeable
2. Sufficient relationship of proximity between the claimant and the defendant
3. Is it fair that the law should impose a duty on the defendant

Question 4

Pure economic loss

Answer 4

This is where a claimant suffers a financial loss, but not for reasons due to any injury they suffer or damage to their property

Question 5

The eggshell skull principle

Answer 5

• The defendant must take their victim as they find them
• This means that if the victim suffers a greater injury because they have a particular susceptibility or weakened, the defendant is still liable for the full extent of their injuries

Question 6

Psychiatric injury

Answer 6

Needs to be evidence that claimant suffered a serious psychiatric illness as a result of the loss (such as PSTD)

In order for a defendant to be liable for psychiatric injury, the claim must establish:
- a medically-recognised psychiatric illness
- A close tie of love and affection with someone involved in the accident
- A geographical proximity to the accident