Week 7 - Warm Up Thursday

Tort

A civil wrong for which the innocent party is entitled to claim damages

Crime

A wrong committed against the community

Plaintiff

The person who brings forth a suit in a civil matter

Standard of proof in a civil matter

Balance of probabilities

Contract

A legally binding agreement between two or more parties

Donoghue v Stevenson 1932

Established the 'neighbour prinicple' eliminating the need for established contractual relationships needing to exist

Supreme Court

Hears matters of greater than $750,000

District Court

Hears matters between $150,000 - $750,000

Magistrates Court

Hears matters of less than $150,000

Intentional Tort

When an individual purposefully engages in conduct that causes injury or damage

Negligence

A form of civil law that applies when a person failes to take reasonable care, and injury or damage results.

Purposes of negligence laws

Compensate victims who have suffered damages and deter members of scoety from engaging in unsafe behaviour

First element of negligence

Duty of Care

Second element of negligence

Breach of duty

Third element of negligence

Damages

Duty of Care

An obligation imposed on a person to take reasonable care to ensure they do not cause another person to suffer harm

Foreseeable damage

Damage that occurs as a result of an action that a person should reasonably have foreseen would happen if they were negligent

Eggshell Skull Rule

'Take your victim as you find them'

Physical Proximity

The type of proximity when a person or property is damaged due to negligence. E.g. A car runs into the back of another car

Circumstantial proximity

The type of proximity that includes established relationships. E.g. teacher - student, doctor-patient

Casual proximity

The type of proximity that includes a direct relationship between the action of the defendnant to the injury sustained. This proximity is not physical but mental. E.g. Nervous shock

Which section outlines whether a person breaches their duty of care?

Section 9(1) Civil Liability Act 2003 (Qld)

Which section outlines the reasonable person test?

Section 9(2) Civil Liability Act 2003 (Qld)

The reasonable person test includes four factors: the probability of harm, the burden of taking precautions and social utility. Which factor is missing?

The likely seriousness of harm

There are three elements that must be proven when looking at damages. (1) Damage was suffered and (2) The damage was caused by the defendant's negligence. What is the third element?

The damage is not too remote from the defandants negligence act or omission

Intervening Act

An act that breaks the chain of causation and, if proven, means the defendant may not be liable for damages caused to the plaintiff.

What are the three elements of negligence?

Duty of care, breach of duty and damages

What are the two elements of duty of care?

Proximity and Foreseeability

What are the three elements of breach of duty?

Risk was foreseeable, risk was significant and a reasonable person test

What are the facts and verdict of: State of Victoria v Bryar 1970

A student suffered an injury to their right eye caused by a paper pellet being shot at them using a rubber band slingshot. The blow caused loss of sight in the eye. The teacher was found negligent due to breaching their duty of care by not asking students to cease their behaviour when he became aware.

What are the facts and verdict of: Nicholas v Osborne 1985

20 students were on a hike with 3 teachers. During the hike a student died (they were found negligent) and the plaintiff suffered nervous shock and insomnia as tey wer present for the accident. The Judge decided that the hike did not have an adequate amount of supervision and therefore found the school negligent.

What are the facts and verdict of: Beck v State of NSW 2001

A pract teacher was on a snow trip with students and teachers. He was riding a for sale sign down a snowy mountain and crashed, resulting in injuries causing him to become a quadriplegic. He sued and won $9 million in compensation, minues 20% for contributory negligence.