Please enable JavaScript.
Coggle requires JavaScript to display documents.
Torts - Unintentional - Coggle Diagram
Torts - Unintentional
Tort Assessment
Duty of care
Describe relationship by circumstance & proximity
Standard of Care
What is the nature of the relationship in its ideal form
Reasonable Man
Breach of Care
How was the standard of care breached?
But for...
the defendant doing/not doing would be fine today
Determination of Quantum of Damages
What is the breach worth
How far can you take people's disabilities into consideration?
Prosecution
Persist with few/no intervening acts
The event was foreseeable
Defence
Unforeseeable
Thin skull rule
You take the victim as you find them
Crumbling Skull Rule
The defendant is only liable for the degree of hastening of the pre-existing condition
Standard of Proof
Torts
Easier to pass
On a balance of probabilities
51%
Criminal Cases
Beyond a reasonable doubt