Unit 2 Legal Studies (Negligence & Civil Law)

Proximity

• Refers to the closeness of a relationship between parties, which affects whether a duty of care exists.

• Why it matters: Courts consider proximity to ensure that only those who are closely affected by someone’s actions can claim negligence.

• Related terms: Duty of care, foreseeability, scope of duty

• Example: A teacher has a high proximity to students, so owes a duty of care for their safety during school activities.

Causation

• Legal connection between a defendant’s act and the harm suffered; proven by the “but-for” test.

• Causation refers to the legal link between the actions of a defendant and the resultant harm suffered by the plaintiff. It is crucial in establishing negligence and determining liability.

• Why it matters: Establishes that liability is only for harm actually caused by the defendant.

• Related terms: Breach of duty, novus actus interveniens, remoteness

• Example: In Barnett v Chelsea Hospital (1969), causation was denied because the patient would have died even if the hospital acted differently.

Foreseeability

• The ability to reasonably anticipate that an action could cause harm.

• Why it matters: Only harms that are foreseeable can create a duty of care.

• Related terms: Duty of care, breach, reasonableness, scope of duty

• Example: A driver running a red light could foreseeably hit a pedestrian, creating a duty to drive safely.

Reasonableness

• Standard assessing whether a person acted as a “reasonable person” would in similar circumstances.

• Why it matters: Helps determine breach of duty — if the person’s conduct falls below what’s reasonable, it’s negligence.

• Related terms: Duty of care, breach, standard of care, S9 CLA

• Example: A reasonable doctor checks a patient’s symptoms carefully to prevent harm.

Vicarious Liability

• A legal principle in which one person is held liable for negligent acts performed by another.

• Employer is held responsible for an employee’s actions carried out in the course of employment.

• Why it matters: Ensures victims receive compensation even if the employee cannot pay; encourages employers to supervise properly.

• Related terms: Duty of care, negligence, breach, employer responsibilities

• Example: A delivery company is liable if its employee causes a car accident while making deliveries.

Assumption of Risk (Volenti non fit injuria)

• Defence where plaintiff knowingly accepts the risk of harm, removing defendant liability.

• A complete defence to negligence – if proven, the defendant is not liable, even if negligence is established. 

• The defendant must show the plaintiff voluntarily accepted the risk involved. 

• Two legal requirements: 

  • The plaintiff knew the facts that made the situation dangerous. 

  • The plaintiff freely and willingly accepted the danger. 

• Why it matters: Protects defendants from claims where plaintiffs willingly engaged in risky activities.

• Related terms: Contributory negligence, defences, breach

• Example: A spectator at a cricket match who is hit by a ball may have voluntarily assumed the risk.

Contributory Negligence

• Plaintiff’s own lack of care contributes to their injury, reducing their compensation proportionally.

• Occurs when the plaintiff's own carelessness contributes to their injury, loss, or damage. 

• The defendant argues that the plaintiff failed to take reasonable care for their own safety. 

• The plaintiff's compensation is reduced by the percentage they contributed to the harm. 

• Makes contributory negligence a partial defence, not a complete one. 

• Why it matters: Ensures fairness by preventing full liability when the plaintiff partly caused their own harm.

• Related terms: Volenti non fit injuria, damages, partial defence

• Example: A passenger not wearing a seatbelt during a crash may have damages reduced.

Omissions

• Failure to act when there is a legal duty to do so, which can lead to liability.

• Why it matters: Prevents harm caused by inaction when there’s a clear duty of care.

• Related terms: Duty of care, breach, foreseeability

• Example: A lifeguard failing to save a drowning swimmer breaches their duty.

Remoteness

• Limits liability to harms that are not too distant or unforeseeable from the act.

• Why it matters: Prevents defendants being liable for extremely indirect or unlikely consequences.

• Related terms: Causation, foreseeability, novus actus interveniens

• Example: A car accident causing a minor injury does not make the driver liable for unrelated financial losses months later.

Duty of Care

• Legal obligation to take reasonable steps to avoid foreseeable harm.

• Why it matters: Core of negligence law — establishes the basis for claiming negligence.

• Related terms: Proximity, foreseeability, breach of duty, standard of care

• Example: Drivers owe a duty of care to other road users; employers to provide a safe work environment.

Breach of Duty of Care

• Failing to meet the standard of care expected, causing foreseeable harm.

• Why it matters: Without breach, there can be no negligence claim.

• Related terms: Reasonableness, S9 CLA, probability of harm

• Example: Failing to clear icy steps leading to a slip and injury.

Precedent

• Court decision that serves as a legal example for future cases.

• Why it matters: Ensures consistency and predictability in law.

• Related terms: Donoghue v Stevenson, common law, case law

• Example: Donoghue v Stevenson (1932) established the neighbour principle in negligence.

Balance of Probabilities

• Standard of proof in civil law; fact proven if more likely than not.

• Why it matters: Ensures fairness — civil claims are generally about compensation, not punishment.

• Related terms: Burden of proof, civil law, plaintiff

• Example: A court finds it more likely than not that a shopkeeper caused a slip, awarding damages.

Burden of Proof

• Responsibility to prove a claim; usually rests with plaintiff in civil law, prosecution in criminal law.

• Why it matters: Determines who must present evidence to succeed.

• Related terms: Balance of probabilities, plaintiff, negligence claim

• Example: Plaintiff must prove defendant’s breach caused harm in a negligence case.

Alternative Dispute Resolution (ADR)

• Informal or formal methods (mediation, arbitration) to resolve disputes without court.

• Why it matters: Provides faster, cheaper (more affordable), and less formal dispute resolution, improving access to justice.

• Allows people from different social or financial backgrounds to have their disputes heard

• Related terms: Tribunal, access to justice, fairness

• Example: Two companies mediate a contract dispute instead of going to court.

Damages

• Monetary compensation for harm suffered.

• Why it matters: Restores plaintiff as far as possible to original position.

• Related terms: Breach of duty, contributory negligence, civil remedies

• Example: Payment for medical bills after an accident caused by negligence.

Injunction

• Court order requiring someone to do or stop doing something.

• Why it matters: Prevents ongoing or future harm.

• Related terms: ADR, civil remedies, fairness

• Example: Court orders a company to stop publishing defamatory material.

Novus Actus Interveniens

• A new, independent act that breaks the chain of causation between the defendant’s act and the harm.

• Why it matters: Protects defendants from liability for unforeseeable events after their act.

• Related terms: Causation, remoteness, negligence

• Example: If a plaintiff is injured by a second, unrelated accident after the defendant’s negligence, the chain of liability may be broken.

S9 CLA – Breach of Duty of Care

• Section 9 Civil Liability Act 2003 (Qld) defines breach factors: foreseeable risk, not insignificant, reasonable precautions.

• Why it matters: Helps courts decide whether conduct fell below standard of care.

• Related terms: Reasonableness, probability of harm, social utility, breach

• Example: Failing to install handrails in a school may be a breach if harm is foreseeable and serious.

Scope of Duty of Care

Definition:

• The scope of duty of care refers to the extent or limits of a person’s legal responsibility to avoid causing harm to others. It defines how far the duty stretches, who it applies to, and what kinds of harm are covered.

Why it matters:

• It ensures that a defendant is only liable for harm that is reasonably foreseeable and closely connected to their actions.

• Prevents unfair or unlimited liability.

Related terms:

• Proximity, foreseeability, breach of duty, types of harm

Example:

• A driver owes a duty of care to other road users while driving, but not to someone injured in an unrelated incident at home.

Types of damages

• Economic Loss 

  • Financial losses incurred, such as loss of income or business profits, due to the negligent conduct of another. 

• Personal Injury 

  • Physical or psychological harm suffered by the plaintiff due to the defendant's negligence. 

• Property Damage 

  • Damage or destruction of the plaintiff's property caused by the defendant's actions. 

• Pure Economic Loss 

  • Financial loss not connected to any physical or property damage, such as negligent misstatements or professional advice. 

Negligence

A failure to exercise reasonable care, resulting in damage or loss to another. 

Purpose of negligence law 

• Protect individuals from harm 

• Encourage responsibility 

• Provide remedies where harm occurs 

• Distinguish negligence in civil law from criminal liability (focus: compensation, not punishment). 

The “but for” test and limitations

• used to determine causation (who is at fault) 

• Statement “but for the actions of the defendant, the harm to the plaintiff would not have occurred”

• If the harm would not have occurred without the defendant’s act, causation is established.

Limitations:

• It may be too simplistic in cases with multiple causes; the harm might have happened due to another factor.

• It cannot account for novus actus interveniens — a new intervening act that breaks the chain of causation.

• Courts may also consider remoteness: even if the act caused harm, the loss must be reasonably foreseeable.

Civil Law

• It aims to protect individual rights and provide remedies when harm occurs. 

• The purpose is to achieve just and equitable outcomes, not to punish. 

• Two types of remedies: injunction or damages