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Week 8 BTF Law of Torts: Liability for Negligent Acts (Physical Harm)…
Week 8 BTF Law of Torts: Liability for Negligent Acts (Physical Harm) Notes
Overview of Torts and Negligence.
Tort?
“Civil wrongs.”
Tort of negligence – right to be safe from unreasonable, careless conduct of others.
Physical harm = includes injury, illness and property damage.
4 steps:
1- Does D owe a duty of care to P?
2- Has D breached that duty of care?
3- Has P suffered damaged?
4- Are there defences?
1-3 established by P.
Negligence – Breach of the Duty of Care.
If so, has D breached that duty of care?
Was it a foreseeable risk?
How would a reasonable person in D's position respond?
Reasonable response - Balancing test.
Negligence – Damages.
Has P suffered damage?
Was damage caused by breach ("but for test")
Is damage too remote (reasonable foreseeability test).
Negligence – Duty of Care.
Does D owe a duty of care to P?
Reasonable foreseeability.
Proximity.
Broader policy consideration when a new situation arises.
Negligent acts causing pure economic loss.
Pure economic loss? - Financial loss that is not a result of personal injury or damage to property.
General principle: Courts are reluctant to find a duty of care is owed in circumstances where D’s negligent act results in P suffering a pure economic loss.
Negligence – Defences.
Are there any defences?
Contributory negligence.
Voluntary assumption of risk.
Peer professional opinion.