chpt 6

• A tort is a civil wrong which involves a breach of legal duty
• The injured party can bring a civil claim for damages (monetary compensation)
• Legal requirements for negligence

  • The Defendant must owe the Plaintiff a duty of care
  • The Defendant must breach that duty of care
  • The breach must have directly caused the Plaintiff's injury or loss
  • The type of injury or loss suffered by the Plaintiff must be reasonably foreseeable
• Duty of care


  Everyone owes their "neighbour" a duty to take reasonable care as their acts or omissions can cause injury to their neighbour
• Examples of who is a "neighbour"

  • anyone who can reasonably foreseen to be affected by his acts or omissions
• Breach of duty

  An injured party can only recover monetary compensation if the Defendant breaches his legal duty, meaning the Defendant's conduct falls below the expected standard of a reasonable person in that situation
• Direct cause


  The Defendant's breach of duty must have directly caused the injury suffered by the Plaintiff, but it need not be the only cause
• General defences


  • Disproving one or more of the legal requirements for negligence
  • Contributory negligence - showing the Plaintiff failed to take reasonable care for their own safety
• Vicarious liability


  An employer can be held responsible for a tort committed by an employee, if the tort occurred during employment, because the employer benefits from the employee's work and has control over how the work is done