WEEK 5 Flashcards
(16 cards)
Elements to Negligence
- Duty of care
- Standard of care
- Damage
- Causation
Aspects of duty of care
- Duty of care is owed
- Within reasonable and foreseeable
Aspects of standard of care
- What is expected of a reasonable person (prudent)
Aspects of damages
- Was there damages suffered by the plaintiff?
- Is it reasonably foreseeable?
Explain the thin skull rule
Even if someone had a pre-existing medical condition, the defendant will be liable to fully recover their damages (in the concept of damages)
Aspects of causation
- Was the injury caused by the breach of standard of care?
- But for test
- Did the breach of standard of care directly cause the injury?
What if there was a material break in the chain of causation?
Comparative negligence (allocation of liabilities)
Defences to negligence
- Assumption of risks
- Contributory negligence (also a form of apportioning fault)
Who has the burden of proof?
Plaintiff
Defendants of Tort action
- Tortfeasor (wrong doer)
- vicarious liability
Define a strict liability
Tortfeasor is held liable regardless of actions taken to minimize damages for inherently dangerous activities (really high standard of care that can never be met)
Components of Product liability
- Safe Design
- Information on proper use
- Warn for dangers
Who is liable in product liability
Manufacturer even if no privity of contract
Define occupiers liability
Owner or tenants of land owes a study of care to people in their land
What are the three categories for a visitor in occupiers liability? (From highest standard of care to lowest)
- Invitee (Business purposes)
- Standard of care that is reasonably
foreseeable
- Standard of care that is reasonably
- Licensee (Social purposes)
- Care for things aware of the owner
- Trespasser (No duty owed)
- Cannot purposely set traps
Remedies to tort
- Damages (most common)
- Punitive damages (intention to punish the wrongdoer)
- Special Damages (Compensation for quantifiable injuries)
- General Damages (Compensation for unquantifiable injuries)
- Restitution (Restore property wrongfully taken)
- Injunction (Restraining order)
- Mandatory Injunction (Requiring someone to do an act)
