Law of Torts Notes.docx

2 Pages
162 Views
Unlock Document

Department
Business Research
Course
BTC1110
Professor
Roger Gamble
Semester
Spring

Description
Law of Torts The law of torts protects the general rights enjoyed by all individuals that are derived not from any specific agreement but the law itself Any action for negligence is about careless behaviour Action for negligence will only succeed if plaintiff can prove that1 Defendant owed plaintiff a duty of care 2 Defendant breached this duty of care 3 Defendants breach was the cause of the plaintiffs loss Causation 4 Damage suffered was not too remote Remoteness Was a duty of care owed When a duty of care will arise is determined by the neighbour principle from Donoghue v Stevenson neighbours are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbourThe nature of ones duty of care is considered under the following headings 1 Physical harm 2 Liability for omissions 3 Pure economic lossPhysical harm Existence of duty of care depends on whether the harm suffered by the plaintiff was reasonably foreseeable An objective test is applied would a reasonable onlooker have fores
More Less

Related notes for BTC1110

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit