1 / 15

Chapter 6

The tort of negligence. Chapter 6. Chapter overview. This chapter looks at the concepts of Defining tort Negligence Elements of negligence Common law principles Statutory provisions. Defining tort. Four general areas negligence defamation nuisance trespass Plaintiff

hollie
Download Presentation

Chapter 6

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The tort of negligence Chapter 6

  2. Chapter overview This chapter looks at the concepts of • Defining tort • Negligence • Elements of negligence • Common law principles • Statutory provisions

  3. Defining tort • Four general areas • negligence • defamation • nuisance • trespass • Plaintiff • person experiencing loss/injury • Tortfeasor • person who commits tort causing damage to plaintiff or their property

  4. Negligence • Development of the tort of negligence • Neighbour principle

  5. Negligence concept summaryFigure 6.1

  6. Elements of negligence • Negligence: Figure 6.2

  7. Common law principles • Duty of care • Reasonable foreseeability • Vulnerability • Duty of care and the positive infliction of physical injury • Duty of care and liability for omission to act

  8. ... • Duty of care in cases of pure economic loss • Economic loss flowing from damaged caused by negligent misstatements • Economic loss flowing from damage to property of a third party • Economic loss flowing from damage caused by professional negligence • Economic loss arising from a defective product or structure • Re Ipsa Ioquitur – Speaks for itself

  9. ... • Breach of duty of care • Standard of care • Breach of the standard of care • Loss or injury • Causation • Remoteness • Remedies for negligence • Special damages • General damages

  10. ... • Defences for negligence • Contributory negligence • Volenti non fit injuria • Section 5K definitions • Section 5L definitions

  11. Vicarious liability • Parents are vicariously liable for the actions of their children where those actions cause harm or damage; • Contractors are vicariously liable for the actions of their sub-contractors; and • Employers are vicariously liable for the actions of their employees.

  12. Limitation period • See case example: Stingel v Clark [2006] HCA 37; [2006] 228 ALR 229; [2006] 80 ALJR 1339 (20 July 2006)

  13. Statutory provisions • Negligence law originally developed through common law • More recently states and territories have passed Civil Liabilities and Wrongs Acts • see Table 6.2 • Enacted to codify civil law principles

  14. Duty of care Causation Assumption of risk Professional negligence Volunteers Trade practices Contributory negligence Intoxication Mental harm Public authorities Damages Legal costs Statutory provisions

  15. Chapterreview In this chapter you have looked at • Defining tort • Negligence • Elements of negligence • Common law principles • Statutory provisions

More Related