Fluxograma
Negligence Flowchart
Conteúdo do fluxograma
Negligence
Elements of Negligence
Duty of care
Breach of duty
Damage
Special relationship
Proximity
Power imbalance eg teacher student, parent child, Employee customer, etc
The risk was forseeable
The reasonable person would have acted differently in the situation
The risk was not insignificant
Can be physical injury, property damage, psycological harm or a loss of income
Defences to negligence
Contributory negligence
Voluntary assumption of risk (Volenti Non FIt injuria)
The plaintiff contributed to the negligence of the defendent
The plaintiff understood the risk of the activity but chose to partake anyway
Remedies
Injunction
Compensation
A court order which compels a party to do or refrain from certain acts
General damages - "pain and suffering" awarded for loss of amenities and suffering.
Special damages - A set dollar amount which refunds the plaintiff of medical bills.
Future Loss of income - The money the plaintiff could have had from working their job that they cannot do
Informações
- Descrição
- Year 11 Legal Studies Fluxograma sobre Negligence Flowchart, criado por Nathan Maxwell em 25-08-2021.
- Criado por
- Nathan Maxwell · ago 2021
- Atualizado
- 25 ago 2021
- Visualizações
- 0
- Avaliação