negligence

• what is a tort?

  this is a civil wrong. the tort of negligence is where the claimant has been injured by a defendants acts or omissions
• what is the standard of proof in civil cases?

  on the balance of probabilities which is lower than criminal cases
• who is the burden on in civil cases?

  the claimant
• which courts are civil cases heard in?

  magistrates court - county court civil division - high court - court of appeal - supreme court
• what remedies is the claimant seeking?

  compensation
• what is the aim of tort law?

  to compensate claimants and put them back to the place they were before the tort. justice and higher standards of care from people and companies. it also is used as a deterrent for negligent behaviour
• what is negligence?

  negligence is an act or omission that causes injury or damage to another person or their property. for example if a person slipped on a wet floor and broke their leg they could sue the shop for negligence
• what are the three elements that negligence can be broken into?

  1 the defendant owes the claimant a duty of care 2 the defendant breaches this duty 3 the breach causes reasonably foreseeable injury or damage