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Topic 12: Tort Law: Introduction to Tort Law & Tort of Negligence
Terms in this set (10)
What is tort?
•It is a civil wrong;
•It concerns involuntary obligations imposed upon persons by law;
•Different categories of tort: negligence, property torts, defamation, economic torts; strict liability torts; vicarious liability.
•Probably the most important tort for accountants, financial advisors and business related professions is negligence and particularly claims for pure economic loss arising from negligent (mis)statements.
A specified civil wrong such as negligence, nuisanc, defamation ect.
The person who wrongfully causes harm to another - the one who commits the tort.
Adjective describing liability in tort - it is 'tortious'.
Loss and damage
Interchangeable terms describing harm suffered by the claimant. In order to provide some compensation, the loss must be qualified by the courts in financial terms.
Another form of damage - physical injury.
The 'reasonable person'
A hypothetical person used by the courts to determine 'objectively' the reasonableness of a course of action. Defined in Hall v Brooklands Auto Racing 'the man on the Clapham Omnibus'.
What is the tort of negligence?
Covers a wide range of situations (such as general negligence, medical and professional negligence) where persons negligently cause harm to others
What are the three elements to succeed in action for negligence?
1. The defendant owed the claimant a duty of care;
2. The defendant breached that duty of care;
3. The claimant suffered loss or damage as a result of the defendant's breach of duty.
Donoghue v Stevenson (1932, HL)
- Claimant Mrs Donoghue, and her friend went to a cafe where a friend bought a claimant an ice cream and a bottle of ginger beer. Cafe owner poured part of the ginger beer over the ice cream.
- Friend then poured the rest of the ginger beer into the glass and the remains of a decomposed snail came out of the bottom.
- Claimant argued that she suffered shock and gastroenteritis as a result of drinking the ginger beer and claimed £500 damages from the defendant Stevenson who was the manufacturer of the beer.
- Every person owed a duty of care to his neighbour, who was somebody that a person could reasonably forsee that someone, other than the purchaser would drink the ginger beer and therefore owed a duty of care to the ultimate customer.
- Thus the neighbour principle was laid down.
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