Understanding Tort in Civil Law

Front

What is a 'tort' in civil law?

Back

A wrongful act, other than a breach of contract, that gives rise to a claim for damages.

Front

How do duties owed in tort differ from those owed in contract?

Back

Duties in tort are stated by law and owed by everyone, whereas duties in contract are set out in the contract and voluntarily agreed upon by the parties.

Front

What is the primary purpose of the law of tort?

Back

To provide a remedy, typically damages, to the injured party for the damage caused by a breach of a legal duty.

Front

Define 'negligence' as a form of tort.

Back

The unintentional breach by one party of a legal duty to take care that causes loss or damage to the injured party.

Front

What are the four elements a plaintiff must prove for a successful claim in negligence?

Back

Duty of care was owed, the duty was breached, the breach caused the damage (causation), and the damage was not too remote.

Front

In the context of negligence, what is meant by 'duty of care'?

Back

A legal duty to take care of the plaintiff to ensure that the plaintiff does not come to any harm.

Front

Which landmark case established the 'neighbour principle' for determining a duty of care?

Back

Donoghue v Stevenson (1950).

Front

According to Lord Atkins' 'neighbour principle', who is considered a 'neighbour' in law?

Back

Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected.

Front

What is the name of the test used to ascertain the general standard of care a defendant must apply in a negligence case?

Back

The 'reasonable man test'.

Front

What is the standard of care expected of a person who holds themselves out as having a particular skill or expertise?

Back

The standard of care appropriate to a reasonable person who holds that specific qualification or expertise.