TABL1710 Lecture Notes - Lecture 4: Tort, Ginger Beer, Contributory Negligence
5 Jun 2019
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Tort law: tort = french for wrong , wrongdoer = the tortfeasor in legal terms, a tort is a civil wrong. The plaintiff"s damages must not be too remote") If all these elements are present, then ask whether the defendant can rely on any: defences, duty of care: Established categories": e. g. doctor patient, attorney client, occupier of land and entrant, authorities and the public, drivers and passengers. Is not a scientific or philosophical enquiry but one based on common sense and policyspor: need connection between breach of duty and damage, the test for remoteness is reasonable foreseeability, section 5d(1)(b): Damages: damages in tort, should be awarded to put the plaintiff back, as near as possible, to the same position, should be awarded once and forever (but note modified by s 22, civil liability. It was reasonably foreseeable that p would suffer loss if the advice turned out to be incorrect or unsound.
