79005
Description
Mind Map by andywilce78, updated more than 1 year ago
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Created by andywilce78
almost 12 years ago
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civil law ( tort )
- a tort is a civil wrong
- this includes defamation, trespass and negligence
- to demonstrate negligence claimant must show
- a duty of care was owed to claimant
- duty of care stems from common law and case of DONOGHUE V STEVENSON 1932
- duty of care stems from common law and case of DONOGHUE V STEVENSON 1932
- the duty of care was breached
- they suffered injury of loss as a result of breach of duty of care
- a duty of care was owed to claimant
- to demonstrate negligence claimant must show
- this includes defamation, trespass and negligence
- defence of neglgence
- no duty of care owed
- duty of care not breached
- no injury or loss occured
- volenti non fit injuria
- claimant was willing volunteer and accepted risk
- claimant was willing volunteer and accepted risk
- contributory negligence
- part of the blame is attributed to someone else
- part of the blame is attributed to someone else
- no duty of care owed
- vicarious liability
- means employer can be held liable for negligent acts of his employees
- means employer can be held liable for negligent acts of his employees
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