05 - The Law of Negligence (1)

What is Tort Law?

Tort Law addresses improper behavior by one person causing injury to another, either intentionally or unintentionally.

What are the types of injuries recognized in Tort Law?

Injuries can be physical, emotional, or financial.

What is the primary function of Tort Law?

To compensate victims, deter wrongdoing, support criminal law, educate on moral lessons, and provide psychological relief.

What is the definition of negligence?

Negligence is the failure of the defendant to take care against unreasonable risk of foreseeable injury to the plaintiff.

What are the four elements a plaintiff must prove in a negligence case?

1. Existence of Duty of Care, 2. Negligent conduct by the defendant, 3. Damage suffered by the plaintiff, 4. Damage caused by the defendant's conduct.

What is the 'Duty of Care'?

A legal obligation to conform to a standard of conduct for the protection of others from unreasonable risk.

What landmark case established the 'Duty of Care' principle?

Donoghue v Stevenson (1932).

What is the 'but for' test in causation?

'But for' the defendant's negligent conduct, the plaintiff would not have suffered damages.

What is the 'Thin Skull Doctrine'?

The defendant must take the plaintiff as they find them, meaning they are liable for all damages, even if they are more severe due to the plaintiff's pre-existing conditions.

What does 'Contributory Negligence' mean?

If the plaintiff's own negligence contributes to their injury, their right to recovery may be reduced.

What is 'Volenti non fit injuria'?

A complete defense in negligence cases, meaning if someone consents to the risk of harm, they cannot recover for injuries resulting from that risk.

What is the standard of care expected of a reasonable person?

The conduct expected from a 'reasonable person' of ordinary prudence in similar circumstances.

What are exceptions to the standard of care?

1. Special skills must meet professional standards, 2. Children are held to a standard appropriate for their age and experience.

What is the concept of 'Material Injury'?

The plaintiff must suffer a material injury, meaning it cannot be trivial or trifling.

What is the 'Causation' requirement in negligence?

There must be a direct link between the wrongful act and the damage suffered by the plaintiff.

What is the 'Substantial Factor Test'?

Used when multiple causes contribute to the injury; if two actions are substantial factors, both may be held liable.

What is 'Remoteness of Damages'?

Damages must be reasonably foreseeable from the defendant's conduct.

What is the psychological function of Tort Law?

To provide a legal means for individuals to seek vengeance or redress for wrongs suffered.

What is the role of the court in 'Mitigation of Damages'?

The court may reduce damages awarded if the plaintiff did not take reasonable steps to mitigate their losses.

What is the neighborhood principle in Duty of Care?

You owe a duty of care to those who you can reasonably foresee will be affected by your actions.

What is the policy reason for reducing or removing the duty of care?

To prevent an unreasonable burden on individuals that could arise from an overly broad application of duty.

What is the significance of the 'reasonable foreseeability' test?

It determines whether a duty of care exists based on whether the harm was foreseeable.

What is the legal consequence of failing to establish causation?

If causation cannot be established, the plaintiff may not recover damages.

What does 'De Minimis Non Curat Lex' mean?

The law does not provide a remedy for trivial matters.

What is the impact of mental injury in negligence cases?

Mental injury must exceed ordinary annoyances or fears to be compensable.