3) Tort law

These flashcards cover the key concepts related to tort law, especially focusing on negligence, duty of care, and negligent misstatement.

Tort

A civil wrong; different from criminal law, falls under the law of obligations alongside contract law.

Negligence

A key tort that refers to the failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.

Duty of Care

A legal obligation to ensure the safety or well-being of others when performing acts that could foreseeably harm them.

Breach of Duty

Occurs when a defendant fails to meet the standard of care that is expected, resulting in harm to a claimant.

Causation

The process of establishing that the breach of duty caused the damage or loss suffered by the claimant.

Defence

A legal argument used by a defendant to avoid liability in negligence.

Negligent Misstatement

A false statement made honestly but carelessly that results in economic loss to the claimant.

Proximity

The closeness of the relationship between the claimant and the defendant that justifies imposing a duty of care.

Reliance

The act of the claimant depending on the statement made by the defendant.

Vicarious Liability

A legal principle where an employer can be held liable for the torts committed by employees during the course of their employment.

But For Test

A standard for causation which asks whether the harm would have occurred 'but for' the defendant's actions.

Special Relationship

The relationship required for the defendant to be liable for negligent misstatement, typically based on a special skill.

Reasonable Foreseeability

The ability to predict whether harm to a person in the claimant's position was likely to occur from the defendant's actions.

Chain of Causation

The sequence of events leading from the breach of duty to the ultimate damage suffered by the claimant.

Standard of Care

The degree of caution or care that a reasonable person would exercise in similar circumstances.

Assumption of Responsibility

A situation where the defendant is deemed to have taken on the responsibility for the claimant's economic interests based on their relationship.