TORTS (I): Tort of Negligence

A set of flashcards covering key terminology and principles of tort law, particularly focused on the tort of negligence.

Tort

A legal liability arising from a civil wrong causing harm or loss.

Negligence

A breach of the legal duty of care owed to a claimant that results in harm.

Duty of Care

A legal obligation to ensure the safety or well-being of others.

Established Duty

Relationships where the duty of care is already recognized by existing case law.

Caparo Test

A test to establish a novel duty of care that requires reasonable foreseeability, proximity, and it being fair, just, and reasonable to impose a duty.

Omissions

A failure to act, which typically does not incur liability in negligence.

Bolam Rule

A doctor is not negligent if they act in accordance with a responsible body of professional opinion.

Reasonable Person Test

An objective standard to determine negligence based on what a reasonable person would do.

Proximity

The closeness in relationship between the defendant and the claimant.

Egg-Shell Skull Rule

A defendant must take their victim as they find them, liable for all damage caused.

Contributory Negligence

A defense in negligence where a claimant's own negligence contributed to the harm they suffered.

Special Damages

Compensation for specific quantifiable losses such as medical costs up to the trial date.

General Damages

Compensation for non-quantifiable losses like emotional suffering.

Causation

The establishment that the defendant's breach of duty caused the claimant's harm.

'But For' Test

A test to determine factual causation: but for the defendant's actions, would the harm have occurred?

Remoteness of Damage

A limitation on liability where the type of damage must be reasonably foreseeable.

Third Party Intervention

Acts of third parties that may break the chain of causation in negligence cases.

Volenti Non Fit Injuria

A complete defense in negligence where the claimant consented to the risk.

Civil Liability (Contribution) Act 1978

An act that allows for the division of liability among multiple defendants in tort.