Ch.4 - Negligence

Also includes tort

Tort

A breach of legal duty e.g. car crash or selling fake goods

Limitation Period in Contract

Six years from the breach

Limitation Period in Tort

Six years from the tort, but three years for personal injury

Three Conditions for Tort

Act or omission by defendant, directly harmed the claimant, legal liability that the courts can establish

True or False: Negligence is a type of tort

Three Conditions of Negligence Claimant Must Prove

Duty of care owed, breach of duty, breach caused the damage

Neighbour Principle

Duty of care owed to anyone considered as affected by ones actions

Four Tests of Duty of Care

Reasonably foreseeable, public policy, sufficient proximity, fair and reasonable

Who is responsible for proving breach of duty?

Usually the claimant, unless res ipsa loquitur applies

Res Ipsa Loquitur

The facts speak for themselves

Negligent Misstatement

‘Special relationship’ between parties creates duty of care and bad advice is knowingly given 

Three Defences to a Claim in Negligence

Contributory negligence, exclusion clauses, volenti non fit injuria

Exclusion Clauses

Limits or excludes liability

Volenti Non Fit Injuria

Applies when claimant has freely consented to the risk of loss

Vicarious Liability

One person being liable for another’s actions e.g. employer responsible for employee