Law of Tort (Negligence Law) - Coggle Diagram
Law of Tort (Negligence Law)
Breach of Duty (BOD)
Standard of Care (SOC)
Reasonable Man Test
"Did D do what a reasonable man in the same position would have done?"
If 'yes'- no BOD
If 'no', BOD applies.
The Reasonable Man test
Based on circumstances:
Age (standards expected from a child VS an adult)
Special skill (Licensed plumber VS general contractor)
General practice (medical treatment)
Magnitude of harm (higher the chance of harm, higher SOC)
The reasonable man's standard of behaviour is applied to a Defendant regardless of what disabilities the defendant might have.
Res Ipsa Loquitor
'the thing speaks for itself'
Where the accident is so obviously due to someone's negligence, the court allows the plaintiff to use the res ipsa maxim to avoid having to prove the 2nd element of breach of DOC.
In civil cases, the plaintiff has burden of proof. This means that the legal burden is on the plaintiff to prove all of elements of his claim and not for the defendant to disprove the claim.
Third element that must be established.
Whether the Defendant's breach of duty caused damage, injury or loss to the plaintiff.
There must be causation.
The 'But For' Test
"Would the damage have happened but for the defendant's negligence?"
Used to decide if the Defendant in face caused the Plaintiff's damage.
Remoteness of Damage
D will not be liable for damage which is considered too remote from the original negligent act.
Must be a reasonable connection between D's behaviour and P's injury/ loss.
Damage was reasonably foreseen.
Reasonable Foreseeability test
"Was the kind of damage suffered by the plaintiff reasonably foreseeable by the defendant at the time of his breach?"
If yes, then D is liable for the losses.
Novus Actus Interveniens
The court will 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.
Types of economic loss.
Economic loss is claimable.
Loss arising from physical injury or damage.
Pure economic loss is not claimable.
Economic loss when there is no physical injury or damage to property.
I.e loss of money or profit.
Defences to Negligences
Volenti non fit injuria
'to one who is willing, no harm is done'
Plaintiff who consented to the risk, gave his consent to the act and may not sue on it later.
A complete defense.
Ex turpi causa non oritur actio
In negligence, if a Plaintiff suffered injury while engaging in a criminal activity, the Defendant can plead 'Ex turpi causa' defence.
A complete defense.
D has to show that P failed to take reasonable care for his or her own safety and this failure was a cause of the damage/ injury suffered.
A partial defence, even if D succeeds in this defence, D may still be partly liable for the damage/ injury caused to P.
Common law remedies refer to those awarded by the court as of right to the Plaintiff.
Equitable remedies are discretionary and will only be awarded if the court feels the common law remedies will not be appropriate or sufficient to remedy the type of loss suffered by the Plaintiff.
Intended to be compensatory
Computed as a single lump sum figure and awarded once.
No ceiling for the amount of damages that can be awarded.
Plaintiff is also under a legal duty to mitigate his losses.
Exemplary or punitive damages
Injunctions or Specific performance (equitable remedies)
Discretionary remedies that the court awards only selectively.
A Court Order to stop D from embarking on a tortious act or continuing such acts.
An injunction will be useful to P as it helps prevent the damage before it begins.
An order of the court which compels a party to perform a particular act (under a contract).
The court will exercise his discretion and will only order such a remedy if it deems it suitable, necessary and critical to do so.