Lecture Notes on Defenses to Negligence, Torts, and Causation

Flashcards covering key concepts from lecture notes, including defenses to negligence, torts, and causation.

Contributory Negligence and Emergency Situations

Courts may excuse plaintiff's negligence if acting as a rescuer or in an emergency, assessing if the risk was worth running.

Relevance of Duty of Care in Contributory Negligence

Whether the plaintiff owed a duty of care to the defendant is not relevant; the focus is on blameworthiness and fault.

Reeves Case

Dealt with police failing to monitor a husband in a holding cell who committed suicide; damages were reduced based on contributory negligence.

Purpose of Contributory Negligence

Statute analysis around the word 'fault' to determine if contributory negligence applies to suicide cases.

Froom v Butcher

Damages were reduced because the plaintiff wasn't wearing a seatbelt, contributing to the harm suffered in a car accident.

Doctrine of Identification

A plaintiff's negligence may be attributed to someone else, like an employee, which can affect a claim.

Apportionment of Responsibility

Damages are reduced in accordance with the plaintiff's liability, as per the Contributory Negligence Act.

Apportionment Analysis

Courts consider both cause and blameworthiness to determine how damages should be apportioned.

Apportionment with Multiple Defendants

Plaintiff's negligence is compared to the total negligence of all defendants collectively.

Fitzgerald and Lane Case

Plaintiff hit by two defendants while crossing the road; damages were split with the plaintiff held partially responsible.

Voluntary Assumption of Risk (Volenti Non Fit Injuria)

A complete defense where the plaintiff knowingly and voluntarily assumes a risk, defeating the claim entirely.

Requirements for Voluntary Assumption of Risk

Defendant must show the plaintiff knew of the risk and voluntarily assumed it.

Knowledge of Risk

Knowledge of risk may be implied if the average person would clearly appreciate it.

Voluntary Action

Plaintiff must voluntarily go ahead in the face of the known risk without duress.

Ira Heran v New Zealand Forest product Limited Case

Voluntary assumption of risk defense failed because the plaintiff didn't fully appreciate the risk on a wet factory floor.

Illegality (Ex Turpi Causa)

No action can be founded upon a shameful act; claim may be defeated if the plaintiff suffered harm while engaged in illegal activity.

Gray v Thames Trains Limited

Plaintiff suffered mental injury due to defendant's negligence, later committed murder; claim defeated due to illegality.

Policy Issues with Illegality

Civil law should not undermine criminal law; allowing recovery would clash with criminal court decisions.

Patel v Mirza

Supreme Court case suggesting a more balanced approach to illegality defense in pure economic loss cases.

Exclusion of Liability

Generally not applicable to personal injury claims; often dealt with in contract law.

Battery Elements

Offensive contact with the plaintiff's person and intent to make that offensive contact.

Assault Elements

Conduct causing reasonable apprehension of immediate offensive contact with the plaintiff's person, with intent to bring about such apprehension.

False Imprisonment Elements

Positive act, no reasonable means of escape and intention to restrain.

Intentional Infliction of Emotional Distress Elements

Act of unjustifiable conduct, damages (physical or recognized mental injury), and subjective intent or recklessness.

Defenses to Intentional Torts

Consent, lawful arrest, self-defense, and prevention of crime; reasonableness and necessity of force are key.

Tikanga's Role

May influence the development of intentional torts due to its similar notions of fundamental rights.

Donoghue v Stevenson

Establishes duty of care to anyone foreseeably harmed by negligence.

Duty of Care Inquiry

Degree of proximity between wrongdoer and person harmed, and policy considerations.

Omissions

No legal duty to act affirmatively unless induced reliance, occupation/control of property, or duty to prevent harm from third persons applies.

Induced Reliance Example

Mercer case where past actions of assistance created an affirmative duty.

Occupation or Control of Property Example

Goldman v Hargrave where D failed to prevent fire spreading from their property.

Duty to Prevent Harm from 3rd Persons Example

Couch case where probation services failed to ensure a safe environment, leading to foreseeable harm.

Actionable Mental Injury

Must be more than grief or loss; refers DSM5 criteria.

Foreseeable Mental Injury

Depends on whether a person of normal fortitude would suffer the injury.

Tame v New South Wales

Mental injury from incorrect breathalyzer results deemed not foreseeable because a person of normal fortitude would not have suffered it.

Primary Victims (Mental Injury)

Those in the zone of danger physically threatened by negligence.

Secondary Victims (Mental Injury)

Those who witness something; test of proximity, time, space, and perception applies.

Wrongful Life Claims

Generally denied on policy basis.

Wrongful Conception Claims

Result from a negligent medical procedure leading to pregnancy; approaches differ in English and Australian courts.

Hedley Byrne Principle

Factors looked for when statement causes economic loss are defendants special skill, the plantiff asks for advice, knowledge the plantiff may rely on it.

Pure Economic Loss

Looking for 4 factors for negative negligents statement and close directness relationship.

Barkley's banck

Court case where the policy considerations when you come to economic loss which you need to consider

The Standard of Care Definition

Reasonable person is placed in the position of the D, whatever the D is doing in that factual scenario that’s where your going to put the reasonable person

Metal shipping v Weston (learner driver)

Court ruled we treat everyone on the road as the same standard and learners are judged to the standard of a reasonably competent person

Bonnington v Wardlaw (material contribution)

Court broke it down and said guilty source of dust made a substantial contribution to the harm suffered therefore factual causation is made out