Unit 2: On the Proximity Balance of Probabilities

Topics: 1/2

Proximity

A close and direct relationship between the parties, where the actions of one could reasonably affect the other.

Causation

The link between a person's actions and the harm suffered. Would the harm have occurred but for the defendants actions?

Foreseeability

Whether a reasonable person could predict that their actions might cause harm to someone else.

Reasonableness

Judges whether a person acted as a reasonable person would in similar circumstances.

Vicarious Liability

When one person is held legally responsible for the actions of another. e.g., an employer is liable for an employee's negligence at work.

Assumption of Risk

A defence in negligence where the plaintiff knew the risk and voluntarily accepted it. e.g., spectators at a sports event accept minor risks from the game.

Contributory Negligence

When the plaintiff also contributed to their own harm. Reduces the damages awarded. e.g., not wearing a seatbelt in a car accident.

Omissions

Failure to act. People generally aren't liable for failing to act unless they had a duty to take action. e.g., lifeguard, doctor, or parent.

Remoteness

Limits liability to harm that is not too far-fetched or unlikely. If the damage was too remote, the defendant isn’t liable.

Duty of Care (Including Examples)

A legal obligation to avoid causing harm to others where harm is reasonably foreseeable. e.g., drivers owe duty of care to other road users, teachers owe a duty of care to students, doctors owe a duty of care to patients.

Breach of Duty of Care (Including Factors)

Failure to meet the standard of care expected.  

Factors considered: Burden of taking precautions, seriousness of harm, social utility and likeliness of harm.

Precedent

A legal principle created in past court cases that must be followed by lower courts in future similar cases.

Ombudsman

An independent official who investigates complaints against government departments or public services.

Balance of Probabilities

The standard of proof in civil law. Means more likely than not.

Burden of Proof

Responsibility to prove the case. In civil law, the plaintiff has the burden of proof.

Plaintiff

The person who brings a civil case against another.

Defendant

The person or party being sued or accused.

Tribunal

A less formal legal body that resolves disputes cheaply and quickly.

Alternative Dispute Resolution

Ways to resolve disputes without going to court. Includes: mediation, conciliation, arbitration and negotiation.

Class Action

A legal case brought by a group of people who have suffered similar harm from the same defendant.

Counter Claim

When a defendant makes a claim back against the plaintiff.

Damages

Money awarded to a plaintiff as compensation for harm.

Injunction

A court order forcing someone to do something or stop doing something. e.g., a company is ordered to stop releasing harmful products.