11. Tort of Negligence

causation

 The relationship that exists between the defendant’s conduct and the plaintiff’s loss or injury.

duty of care 

The responsibility owed to avoid carelessness that causes harm to others.

negligent misstatement or negligent misrepresentation

 An incorrect statement made carelessly.

prima facie

 At first sight or on first appearances.

product liability

 Liability relating to the design, manufacture, or sale of the product.

professional

 Someone engaged in an occupation, usually governed by a professional body, requiring the exercise of specialized knowledge, education, and skill.

pure economic loss

 Financial loss that results from a negligent act where there has been no accompanying property or personal injury damage to the person claiming the loss

reasonable care

The care that a reasonable person would exhibit in a similar situation.

reasonable person 

The standard used to judge whether a person’s conduct in a particular situation is negligent

remoteness of damage

 Whether the actual harm suffered was reasonably foreseeable or not.

strict liability

 The principle that liability will be imposed irrespective of proof of negligence.

thin skull rule

 The principle that a defendant is liable for the full extent of a plaintiff’s injury even where a prior vulnerability makes the harm more serious than it otherwise might be.

third party

One who is not a party to an agreement.

voluntary assumption of risk

The defence that no liability exists as the plaintiff agreed to accept the risk inherent in the activity.