Week 11 Lecture slides

Week 11 Lecture slides - Elements of a tort LAW101 Law,...

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1 LAW101 Law, Business Week 11: Business obligations The tort of negligence Elements of a tort What is a tort? •A tort is a civil wrong that does not arise from a breach of contract. • It is claimed by the victim of the wrong and the remedy is damages or injunction. Elements of a tort What is a tort? •The standard of proof in tort is the balance of probabilities . • The burden of proof is on the plaintiff. Once the plaintiff establishes a case the burden then passes to the defendant to disprove it or establish a defence. Elements of a tort What is a tort? Law of Tort rests on two principles:- - An act or omission by the defendant interfering with rights or interests of the plaintiff thus causing damage; and - The interference must give rise to a cause of action for damages. Tort of Negligence • The modern version of negligence was established in 1932 in the decision of Donoghue v Stevenson (1932) AC 562. • Negligence has become the most important area of tort law. • Negligence has impacted significantly on businesses and the community. Tort of Negligence • Careless acts do not always amount to negligence. • In negligence, a person is only liable for harm that is the foreseeable consequence of their actions, that is, failure to exercise reasonable care and skill.
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2 Tort of Negligence negligence: – Negligence is the omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do. – Negligence is the failure to exercise reasonable care and skill. Tort of Negligence To be successful in a claim of negligence the plaintiff must show all of the following: – The defendant owed the plaintiff a duty of care –T h e d e
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Week 11 Lecture slides - Elements of a tort LAW101 Law,...

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