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TOPIC 2: LAW OF TORTS (NEGLIGENCE) PT 2 (Defences to Negligence (Ex turpi…
TOPIC 2: LAW OF TORTS (NEGLIGENCE) PT 2
Negligence: Damage Caused
Novus Actus Interveniens
The courts will also not hold D liable if the damage caused to P resulted from a chain of events and there was an intervening event which broke the chain of causation. This is known as the
doctrine of novus actus interveniens
i.e..any damage that happens after the intervening event is considered too remote.
Pure Economic Loss
Economic loss arising from physical injury or damage is recoverable. However,
pure economic loss
i.e. economic loss where there is no physical injury or damage to property, just loss of money or profit, is
not recoverable
.
Defences to Negligence
Volenti non fit injuria
the Plaintiff who consented to the risk is said to have given his consent to the act, and may not later sue on it. It is a
complete defence
. Hence, if the Defendant succeeds in relying on the ‘volenti’ defence, he would not be liable to the Plaintiff at all
Ex turpi causa non oritur actio
In negligence, if a Plaintiff suffered injury while engaging in criminal activity, the Defendant would be able to plead the ‘ex turpi causa’ defence. This defence says that no duty of care is owed to a Plaintiff who suffered damage while participating in a criminal
activity.
Ex turpi causa’ is also a
complete defence
to an action in negligence
Contributory negligence
When a Plaintiff’s own actions contributes to his injuries, the Defendant may plead the defence of contributory negligence. To succeed in this defence, D has to show that P failed to take reasonable care for his or her own safety, and that this failure was a cause of the damage or injury suffered.
contributory negligence is only a
partial
defense
Remedies
Common Law Remedies
Common law remedies refer to those that are awarded by the court
as of right
to the Plaintiff, provided the Plaintiff can prove their case
Principles that Guide the Computation for Damages
Damages are intended to be
compensatory
. As such, damages will never be awarded where the plaintiff derives
a profit from suing the defendant – it will only be to compensate him for, not for him to benefit from, the loss or injury he suffered
Damages are computed as a
single lump sum
figure and awarded once. Hence, the plaintiff who has been awarded damages cannot seek further damages for the same
loss by suing the defendant again
Technically, there is no
ceiling
for the amount of damages that can be awarded. This of course, is subject to the earlier rule that damages should always be compensatory in nature
The plaintiff is also under a legal duty of
mitigate
his losses. This means that the law expects him to do whatever is reasonable to minimise his losses/injuries. He should not aggravate them by non-action. The courts will not take kindly to a plaintiff whose losses are magnified by him not doing anything to stem the flow of his own loss/injury
Exceptions
Nominal damages
Aggravated damages
Exemplary or punitive damages
Equitable Remedies
Equitable remedies, on the other hand, are
discretionary
and will only be awarded if the court feels that common law remedies would not be appropriate or sufficient to remedy the type of loss suffered by the Plaintiff.
Specific performance
is an order of the court which compels a party to perform a particular act (under a contract).
An
injunction
refers to a court order to stop a defendant from embarking on a tortious act or from continuing such an act. An injunction would be useful to the Plaintiff as it helps prevent the damage before it begins.