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Concept map
A concept map is a way of sequencing, ordering or breaking down information into its constituent parts. It helps you to work out how a topic is put together and what areas you need to think about in order to analyse the topic.
Study the concept map and the explanations by selecting each of the buttons.
Negligence
1. Tort
Tort means civil wrongs, that is, where one person is harmed by the actions of another (not arising from contract).
2. Definition
Negligence means the failure of a person to take care which leads to injury (or pure economic loss) to another.
3. Elements
To successfully lodge a claim of negligence against another party, three elements must be proven.
To successfully lodge a claim of negligence against another party, three elements must be proven.
- Duty of care (two stage test):
- Reasonable foreseeability
- Proximity
• likelihood of injury
• gravity of injury
• effort required to remove the risk.
- Breach of duty
Reasonable person test (special skills)
Negligence calculus
- Damage
- Causation - 'But for test'
- Remoteness
4. Defences
Someone who has to defend a negligence claim can argue that the plaintiff contributed to their own injury (contributory negligence) or that they were fully aware of all the risks involved in their actions (voluntary assumption of risk).
5. Vicarious liability
An employee is held responsible for their emplyee's negligence.