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Law of Torts (Negligence) (Damage caused (caused damage, injury or loss to…
Law of Torts (Negligence)
A tort is a civil wrong. The law of torts governs the behaviour of one person towards another person. It sets out the circumstances under which a person may seek recourse against the wrong acts done to them by another person.
Torts involve breaches of duties that are imposed by law.
Types of liability:
Primary liability
- a person who owes a duty breaches it as against another.
Vicarious liability
- liability of an employer for a torturous act committed by an employee in the normal course of employment.
Negligence - Involves causing damage by carelessness behaviour.
Duty of Care
Plaintiff must establish that defendant owed the Plaintiff a duty of care.
A duty of care is a legal duty imposed on a person that requires that person to take reasonable care when performing certain acts.
Neighbour Test
- "when does a duty of care arise?"
By Lord Atkin thus: "you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
'Foreseeability'
- a person is expected to foresee who will be affected by his actions and how will he be so affected.
2.
Breach of Duty
means that you have failed to take reasonable care to do something up to a certain standard.
The 'Reasonable Man Test'
standard of care to apply is an objective standard based on what a reasonable man should do.
"Did the Defendant do what a reasonable man in the same position would have done?
Res Ipsa Loquitor
- The thing speaks for itself
Damage caused
caused damage, injury or loss to Plaintiff. There must be causation.
The 'But For' Test
The But for' test is to decide if the Defendant in fact caused the Plaintiff's damage
Remoteness of Damage
Was the kind of damage suffered by the plaintiff reasonably foreseeable by the defendant at the time of his breach.
Novus Actus Interveniens
resulted from a chain of events and there was an intervening event which broke the chain of causation.
Known as the doctrine of novus actus interveniens, ie any damage that happens after the intervening event is considered too remote. The intervening act may be an act of nature, act of a third party or the P's own art.
Pure Economic Loss
Economic loss arising from physical injury or damage is recoverable.
Defences to Negligence
Volenti non fit injuria
- to one who is willing,
no harm is done
Ex turpi causa non oritur actio
- suffered injury while engaging in criminal activity
Contributory negligence
- when a Plaintiff's own actions contributes to his injuries.
Remedies
to repair the wrong committed, to seek
compensation or to stop the tortfeasor.
Injunction
- refers to a court order to stop a defendant from embarking on a tortious act or from continuing such an act.
Specific performance
- order of the court which compels a party to perform a particular act.
Discretionary remedies:
Nominal damages
- where plaintiff has suffered no actual loss although a tort was committed against him. Based on the principle of compensation, technically the plaintiff should not receive any damages for there was no loss. However, in view of the fact that a tort had been committed, the law awards a nominal or a token sum.
Aggravated and exemplary damages are commonly awarded in defamation cases. These are not based on compensation; how does one quantify damage to one's reputation in monetary terms.