Law

• Tort


  A civil wrong which involves a breach of legal duty, separate from any contract
• The injured party can bring a civil claim for damages (monetary compensation)
• Negligence


  • 4 legal requirements:

  1. Defendant must owe Plaintiff a duty of care
  2. Defendant must breach that duty of care
  3. Breach must have directly caused Plaintiff's injury or loss
  4. Type of injury or loss suffered by Plaintiff must be reasonably foreseeable
• Duty of care


  Legal duty to take reasonable care as acts or omissions can cause injury to "neighbour"
• Breach of duty


  Defendant's conduct has fallen below the standard expected of a reasonable person in that position
• Direct cause


  Defendant's breach of duty must have directly caused or contributed towards the Plaintiff's injury
• Foreseeable injury


  Type of injury suffered by Plaintiff must be reasonably foreseeable as a result of Defendant's breach of duty
• Vicarious liability


  Employer can be held responsible for tort committed by employee in the course of employment
• Vicarious liability example


  • Café owner is liable for worker leaving floor wet and slippery without warning signs, causing customer to slip and fall
• General defences


  • Defendant can:

  1. Disprove one or more of the legal requirements for negligence
  2. Raise contributory negligence - Plaintiff failed to take reasonable care for own safety