Negligence

• Tort


  Wrongs for which the wrongdoer can be sued
• Plaintiff


  Their rights have been infringed and they have suffered harm
• Tort


  Civil wrong
• Types of Torts (harm)


  • Negligence (person or property)
  • Defamation (reputation)
  • Nuisance (noise, movement or smell)
  • Trespass (person or property)
• Multiple Plaintiffs - Class Actions


  • Both people and companies can commit torts
  • A company who injures a whole lot of people can be subject to a class action suit
• Law of negligence


  Protects people and their property from the careless actions of others
• Key words


  • Negligence
  • Plaintiff
  • Defendant
  • Remedies
  • Compensation
  • Duty of Care
  • Breach
  • Causation
• Negligence


  Protects people and their property from the careless actions of others
• Donoghue v Stevenson (1932)


  How negligence was established
• QUESTIONS: "SNAIL IN THE BOTTLE"
• Elements of negligence


  • That the defendant owed the plaintiff a duty of care
  • The person who owed the duty of care failed to take reasonable care
  • Harm was caused as a result of the breach of duty of care
• Defences to negligence


  • No duty of care was owed
  • Duty of care was not breached
  • No damage occurred or the injury was caused by other means
• Defences to negligence


  • Contributory Negligence
  • Voluntary Assumption of Risk