2489593
Description
| Question | Answer |
| Tort | • Branch of common law responsible for redressing civil breaches of duty Occurring between: • Individuals • Organisations • State / Government |
| Concept of Torts | • Duty of Care • Breach of Duty • Foreseeable Harm • Absence of Acceptable Defence |
| Lord Atkin's Neighbour Principle | • Take reasonable care • Avoid foreseeable acts or omissions • Likely to cause injury (or discomfort) |
| Duty of Care | • Owed to Claimant by Defendant • Justifiable Proximity • Safeguard Interests: Personal / Public / Economic / Asset / Loss of Chance |
| Caparo (Three Stage) Test | • Foreseeability • Proximity • Reasonability |
| Breach of Duty | • Standard of Care • Sudden Danger & Emergencies • Industry-Specific Standards of Knowledge |
| Causation in Tort | • 'but for' test • Concurrent Causes • Successive Causes •Remoteness of Damage |
| Types of Tort Liability | • Strict Liability • Joint Liability • Vicarious Liability • Parent Liability |
| Accepted Defences | • Contributory Negligence • Ex turpi Causa • Consent of Risk (Volenti non fit injuria) • Assumption of Risk (or lack thereof) • Public Necessity • Force Majeure • Inevitability |
| Nuisance | • Harmful or annoying activity or condition • Law to stop bothersome activities • Prevent infringement of rights of private landowners or general public |
| Defamation | • Tarnishing the reputation of someone • Slander / Libel - Spoken or Printed |
| Intentional Torts | • Assault (threat) • Battery (violence) • False Imprisonment • Intentional Infliction of Emotional Distress • Fraud |
| Non-negligent Harm or No-fault Compensation | • NNH insurance is used as a measure against something that could not have been foreseen • Fault cannot be attributed |
| Omission | • Doing nothing when a dangerous structure / machine / situation is spotted • Legally / Morally binding • Special duty to warn for professionals (i.e. engineers, doctors) |
| Engineering Negligence | • Non-contractual liability via Archimedian / Hippocratic Oath • Judged according to Reasonable Engineer vs Best Engineer • Duty of care extending past intended use |
| Engineering Malpractice | • Department of Transport v Dupree (2002) • Defective: Design / Material / Technique? • Effectively Monitoring Layers of Subcontraction [dilution of standards of practice and codes of ethics] |
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