Tort & Negligence Flashcards
(33 cards)
‘The eggshell skull’ is an analogy that indicates you must ‘take your victim as you find them’. This principle refers to what.
That every individual is different, and the fact that someone has a particular thin skull for example that is susceptible to injury, this will NOT break the chain of causation.
How does a professional is the industry discharge their duty of care.
By conforming to the standard of a reasonable competent member of that profession.
What does Vicarious Liability refer too.
Sometimes a master is liable for the torts of his servants, In the context of employer and employee.
Section 6 of the Rights of 3rd Parties Act 1999 details what.
Restrictions on the rights created by the Act.
Section 3 of the Rights of 3rd Parties Act 1999 details what.
Deals with defences available to the party against which the 3rd party seeks enforcement.
What are the three exceptions to the law of Privity
The law of Agency; The principal person may sue and be sued on contracts made by their agent. A stranger may sue a contract under seal respecting to land or other property - Third Party insurance policy needed. Restrictive Covenants; certain conditions are enforceable against a person who subsequently acquires the land.
In the cases of where surveyors (property valuers) have been negligent, damages are assessed on what basis.
Diminution of value basis.
If the contract confers a benefit on the 3rd party, it must what.
The contract confers a benefit on the 3rd party, who must be expressly identified by name, class or description. The right can be enforced only subject to other terms of the contract.
Once a duty of care and a breach of that duty has been established, the claimant must also show that there has been consequential foreseeable damage. What two things need to be established in order to prove the consequential foreseeable damage.
Causation as a matter of fact - the breach of duty caused the injury. Causation as a matter of law - the injuries are not too remote.
What is the common Law of Privity
A contract cannot be enforced against a person who is not party to the contract.
A minor cant be a defendant in their torts which involve negligence due too.
it being difficult to show that young children are necessarily aware of their actions.
Duty of care is owed to trespassers under the occupiers liability act of 1984 if
The occupier is aware of the danger or has reasonable grounds to believe that it exists. The occupier knows or has reasonable grounds to believe that someone is in the vicinity of the danger or may come into the vicinity.
Liability in Tort is usually based on what.
Fault. With the exception of ‘Strict Liability’
What is Tort
A tort is an act or omission, other than a breach of contract or trust, which causes damage to another, in her or his person, pocket, or reputation for which the Common Law provides a remedy in unliquidated damages.
What are the main difference between Tort and Contracts
Contractual duties: One party agrees and chooses to enter into contractual duties with another party. Tortious Duties: Imposed by law and apply whether we agree or not.
Section 7 of the Rights of 3rd Parties Act 1999 details what.
Other rights of 3rd parties are generally unaffected.
Section 4 of the Rights of 3rd Parties Act 1999 details what.
Ensures the right of the original contracting party to enforce the contract is not affected.
Section 5 of the Rights of 3rd Parties Act 1999 details what.
Deals with the situation in which the original contracting party has already recovered in respect of the 3rd party’s losses.
What three elements need to be in place for Negligence to occur
There needs to be a duty of care There needs to be a breach of that duty Damages which are consequential and foreseeable
A duty of care applies to negligence claims if
It can be proved that the defendant owed the claimant a duty of care, and if it is reasonably foreseeable that they could be injured by your carelessness.
The person who commits the Tort (The defendant) is known as what
The Tortfeasor
What act would third parties need to refer to when by passing the law of Privity
Rights of 3rd Parties Act 1999
What test is usually in place to establish if a duty of care exists, and what three stages of that test need to be imposed.
The ‘reasonable man’ test. Would a reasonable person have foreseen the probability of injury to the claimant. Is the damage foreseeable Is the damage between the parties sufficiently proximate Is it fair and reasonable to impose duty.
Parents are not responsible for the torts of their children unless…
The tort of the child is caused by their negligent control or parenting.
