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Negligence

QuestionAnswer
What is Tort? Civil wrong or injury for which an action for damages may be brought
What is Civil Action? Legal action to protect a private civil right. brought by private citizens Person bringing the action is known as the plaintiff defendent looses if found liable usual penalty is charges
What is Criminal action? the procedure by which a person accused of committing a crime is charged, brought to trial and judged. brought by the government government is known as the prosecution. usual penalty is prison.
Examples of TORT Trespass against the person trespass against poverty Libel/ defamation Negligence Buisance Strict liability Economic torts, e.g fraud conspiracy.
What is Negligence Failur to use a reasonable amount of care when such failure results in injury or damage to another.
The tort of negligence is a course of action used for a wide range of actions name 4 Car accidents, bad medical treatment, bad legal advice, bad professional advice e.g design work.
Proving Negligence : 4 elements of liability name some. Duty of Care owed by the defendant to the plaintiff, Breach by defendant of his duty,
What is Duty of Care A requierment that a person act toward others and the public with watchfullness, attention, caution and prudence that a reasonable person inthe circumstances would. e.g whe you drive a car you have a duty of care to comply with the laws of the road.
Who is a reasonable person A hypothetical person in society who exercises average care, skill and judgement in conduct and who serves as a comparative standard for determining liability.
How can you establish a reasonable person? Judge by standards common in his or her profession.
Examples of Duty pf care A driver breached their duty to drive safely by driving through a red light and colliding with your car which was damaged.Your employer breached their duty to provide a safeplace of work by not having a proper system in place for heavy lifting & u got in
Donaghue vs stevenson (1932) The case Ginger was manaufactured by Mr stevenson of paisley, it came in an opaqu bottle, so no one was able to see what was in the bottle.when mrs donoghue friend was pouring the contents of the bottle, they saw a snail. and mrs donoghue claimed.
ANalysis of the donaghue case Problem is there was no contractual relationship between mrs donaghue and the cafe owner and the drinks manufacture as she had not paid for the drinks herself. lord atkin basically said you must take reasonable care to avoid acts or omissions that would
would be likely to hurt your naeighbours.
the case established 4 possible interpretations what are they Mnaufacture owned a duty of care to the claimant. manufacturer genrally owe a duty of care to their customers a negligence case can be bought irrespective of the absence of a contract.the neighbour principle should be used to determine the existence of
Caparo vs Dickman
Volenti non fit injuria claimant voluntarily agrees to undertake the legal risk of harm at his own expense. this is a complete defence to an action.
Ex turpi causa non oritur actio means that from a bad cause no action arises.
Professional negligence in construction this is where a professional person makes errors whilst providing you with a service
Examples of places where negligence can arise in Construction S.I ANG Ground investigations. Design Coonstruction Post Contract.
Theodore goddard vs Fletcher King Services (1997). A surveyor was found liable for failing to spot a legal blunder.
Frley vs Skinner (2001) Farley asked a surveyor to inspect a house which was 15 mile radius from gatwick and to ascertain whether the property was affected by aircraft noise. and the surveyor said it was unlikely to suffer greatly from the noise
Created by: frantost