Tort Law (VCE SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Negligence
Negligence
Tort: breach of duty of care causing loss/harm
Duty of care
Duty of care
Legal obligation to be cautious & avoid harming others
4 elements of negligence (mnemonic)
4 elements of negligence (mnemonic)
DBCI: Duty, Breach, Causation, Injury/loss/damage
Breach of duty
Breach of duty
Failing to do what reasonable person would have done
Causation in negligence
Causation in negligence
Harm caused by breach & wouldn't occur without breach
Limitation period: general negligence claims
Limitation period: general negligence claims
6 years from date harm suffered
Contributory negligence
Contributory negligence
Defence: plaintiff contributed to their own harm
Volenti non fit injuria
Volenti non fit injuria
Defence: plaintiff voluntarily accepted known risk
Special damages
Special damages
Compensation for measurable loss (wages, medical costs)
General damages
General damages
Compensation for non-measurable loss (pain, suffering)