Torts Week 4

In order to succeed in a negligence claim, the plaintiff must prove the following 4 elements to show that the defendant acted negligently;

1. defendant owed a legal duty to the plaintiff

2. defendant breached that legal duty by failing to act in a certain way

3. defendant's action caused the plaintiff's injury

4. plaintiff harmed or injured as a result of the defendant's action

• true

• false

The defendant will be ordered to pay compensation for each aspect of the harm suffered by the plaintiff. The monetary sum which is payable to the plaintiff is usually referred to as "damages".

• true

• false

Compensatory damages is normally awarded in cases where the plaintiff has suffered humiliation and emotional stress

• true

• false

Aggravated damages are awarded to the plaintiff when they have suffered humiliation and emotional stress.

• true

• false

Nominal damages are:

• damages seen as a punishment and deterrent for outrageously bad behaviour

• the mere recognition that the wrong has occurred but where the wrong was not a serious infringement of the plaintiff's rights

• damages awarded to the plaintiff as compensation for actual damages suffered

One of the main defences to a negligent claim, is voluntary assumption of risk.

• true

• false

Damages are generally assessed:

• only as a lump sum

• a periodic payment

• either as a lump sum or periodic payment