Tort Law Basics Flashcards

What is a 'tort'?

Answer: A civil wrong that gives rise to liability, typically compensated by damages

A tort is a civil wrong (other than breach of contract) that causes loss to another, for which the law provides a remedy, usually damages. Examples include negligence, nuisance, and defamation.

What are the three elements of the tort of negligence established in Donoghue v Stevenson [1932]?

Answer: Duty of care, breach of that duty, and damage caused by the breach

Lord Atkin in Donoghue v Stevenson established that negligence requires: (1) a duty of care owed to the claimant, (2) breach of that duty, and (3) damage caused by the breach.

What is the 'neighbour principle' from Donoghue v Stevenson?

Answer: You must take reasonable care to avoid acts or omissions that you can reasonably foresee would injure your neighbour

Lord Atkin's neighbour principle states that a duty of care is owed to those persons so closely and directly affected by your acts that you ought reasonably to have them in contemplation when directing your mind to the acts in question.

What test is used to determine breach of duty of care?

Answer: The objective standard of the reasonable person

Breach of duty is assessed objectively against the standard of the reasonable person (or reasonable professional where the defendant holds themselves out as having special skills) — not against the defendant's subjective beliefs.

What does 'res ipsa loquitur' mean in negligence?

Answer: The thing speaks for itself — negligence is inferred from the facts without specific proof

Res ipsa loquitur ('the thing speaks for itself') allows a court to infer negligence from the circumstances of an accident where it would not have occurred without negligence and the defendant was in control of the situation.

What is 'contributory negligence'?

Answer: Where the claimant's own negligence contributed to their damage, reducing their damages award

Contributory negligence under the Law Reform (Contributory Negligence) Act 1945 reduces the claimant's damages by the extent to which their own negligence contributed to the damage suffered.