Untitled Deck Flashcards
(14 cards)
What is a tort?
A civil wrong for which the remedy is usually compensation; liability is usually fault-based.
What is the main remedy for a tort?
Compensation (damages).
How does tort law differ from criminal law?
Tort provides a remedy to the victim; criminal law punishes the offender.
What are the 3 elements required for a successful negligence claim?
- Duty of care owed 2. Breach of that duty 3. Reasonably foreseeable damage caused by the breach.
What case introduced the ‘neighbour principle’?
Donoghue v Stevenson (1932).
Define the ‘neighbour principle.’
You must take reasonable care to avoid acts or omissions that you can reasonably foresee would likely injure your neighbour.
Who is considered a ‘neighbour’ in law?
Anyone closely and directly affected by your actions who you should reasonably have in mind.
What is the standard of proof in a civil negligence case?
Balance of probabilities.
What are common types of harm covered under negligence?
Physical injury, property damage, reputational damage, and financial loss.
What test is used when there is no clear precedent to establish duty of care?
The Caparo test.
What are the 3 parts of the Caparo test?
- Harm is reasonably foreseeable 2. Proximity between claimant and defendant 3. It is fair, just, and reasonable to impose a duty.
What is meant by ‘proximity’ in negligence?
Legal closeness or relationship, not just physical closeness.
When is ‘fair, just, and reasonable’ considered in establishing duty?
When public policy reasons might suggest denying a claim.
What is a common defense in negligence cases?
That the harm was not reasonably foreseeable or there was no duty of care owed.
