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Negligence 4
VCE Legal Studies
| Question | Answer |
|---|---|
| What is the most common and important type of tort law heard by our courts? | Negligence |
| There are three elements to succed in court action that the plaintiff must prove when suing for negligence, what are they ? | 1. the defendant owned a duty of care, 2. the defendant breached the duty of care, 3. the plaintiff suffered loss as a consequence |
| What are the two defences for negligence? | Contributory negligence and voluntary assumption of risk |
| A plaintiff cannot win a negligence case unless? | Injury was caused by the defendant |
| What is the law of negligence concerned with? | Weather or not a person's conduct has been carless or faulty and that they should be liable to injured parties for acts or failure to act. |
| What is a case that involved negligence? | Dongoghue v. Stevenson(1932) |
| Define duty of care. | A duty of care is owed to others if it can be reasonably foreseen that the defendant's acts or omissions could injure other persons. |
| What is the latin term for voluntary assumption fo risk? | volenti non fit injuria |