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.