BAC TORT STUDY MANUAL.pdf - FIL Study Manual Learning...

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Study ManualFILINTRODUCTIONTO TORTLearningTheebana Sanmugam
Published by Brickfields Asia College©Brickfields Asia College Sdn BhdFirst editionAUGUST2019S/N: 20192709LB: MASU/B: MAS/8/19All rights reserved. No parts of this publication may be reproduced, or transmitted in any form or by any means, electronicor mechanical, including photocopying, recording or any information storage retrieval system without the written permissionof the copyright holders, application for which should be addressed to Brickfields Asia College.Any person who infringes the above in relation to this publication may be liable to criminal prosecution and civil claims fordamages.You must not circulate this book or the material herein in any other binding or cover and you must impose this samecondition on any acquirer.Although every reasonable effort has been made to present current and accurate information, the College makes noguarantee of any kind, express or implied. In no event shall the College be responsible or liable, directly or indirectly, forany damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on such contentin this publication.Printed by ReproPrint SolutionsDisclaimer:Materials have been extracted from various sources for classroom purposes only.
ContentsCONTENTSChapter 1Negligence........................................................................................11.1Duty of Care.............................................................................................................11.2Breach of Duty of Care.............................................................................................71.3Causation.................................................................................................................141.4Remoteness of Damage..........................................................................................20Chapter 2General Defences...........................................................................252.1Volenti Non Fit Injuria...........................................................................................252.2Contributory Negligence.......................................................................................27Chapter 3Vicarious Liability..........................................................................313.1What is it and why is it Needed?...........................................................................31Chapter 4Remedies........................................................................................37
Foundation In LawIntroduction To TortSM11.Negligence, in essence means carelessness. However, Lord Wright inLochgelly Iron v McMullan (1934)said:“In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission orcommission; it properly connotes the complex concept of duty, breach, and damage thereby suffered by theperson to whom the duty was owing: on all this the liability depends.”2.Lord Wright’s statement encapsulates the fact that it is not enough to show that the D was negligent butthe tort of negligence involves a breach of duty that causes damage that is not too remote.3.Thus, for a successful claim in a negligence action, the C must establish three propositions:a)The D owed the C a duty of careb)The D breached that duty of carec)As a result of the breach, the C suffered damage that the law deems worthy of compensation1.1DUTY OF CAREPre-19321932Post-1932Pre- 1932There was no generalised duty of care in negligence. The tort did exist in particular situationswhere the courts had decided that a duty should be owed, e.g., road accidents, employer-employee,bailments, doctor-patient.

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