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Negligence 4

VCE Legal Studies

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
Created by: beckyd07



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