Law of Tort

• Duty of care


  Three factors used to determine its existence:

  1. Is there a foreseeable risk of harm to the plaintiff?
  2. Is there sufficient proximity between the plaintiff and the defendant?
  3. Is it fair, just and reasonable to impose a duty of care on the defendant?
• Standard of care


  Two factors taken into consideration by the Court:

  1. The likelihood of the action causing harm or damage
  2. The cost and practicalities of implementing precautions
• Contributory negligence


  A partial defence that enables the defendant's liability to be reduced if the plaintiff has contributed to their own injuries. The court examines the contribution of both parties and adjusts the damages accordingly.
• Vicarious liability


  A rule that imposes strict liability on employers for the wrongdoings of their employees, e.g. causing injury through negligence or assault. Two legal tests must be satisfied: the relationship test and the close connection test.
• Illegality


  A complete defence asserting that the plaintiff was knowingly engaged in unlawful activity at the time of the injury. The court may reduce or deny the right to damages if it is contrary to public policy.
• Causation


  An element required for a successful negligence claim. The "but for" test is the primary test used to establish if the breach caused the injury. If there are multiple factors, the courts will examine if the defendant's actions materially contributed.
• Negligence


  The unintentional breach of a duty of care owed to the injured party, e.g. an employer's duty to ensure the safety of their employees.
• Remoteness of damages


  Damages must be reasonably foreseeable for a negligence claim to be successful. If the level of damage was too remote or unexpected, the defendant will not be liable.
• Volenti non fit injuria


  The defence of voluntary assumption of risk, where the plaintiff willingly agreed or consented to take part in an action that carried a known risk.
• Punitive damages


  An additional award to the plaintiff in cases where the court strongly disapproves of the defendant's conduct, as this is not the purpose of damages.
• Contributory negligence is a partial defence to a claim of negligence
• Determining standard of care in negligence


  1. Ascertain the minimum standard of care expected of the defendant
  2. Assess whether the defendant met this standard, considering factors like the likelihood of harm, the cost and practicalities of precautions, and the social value of the defendant's actions