Definitions
These types of proceedings ar taken by the injured parties to obtain compensation for damage caused to them
What are Civil Proceedings?
This relates to a person who develops a psychiatric illness following the shock of witnessing a terrible accident caused by negligence
What is Nervous Shock?
Defines Negligence as ... the omission to do something, which a reasonable man, guided upon those considerations, that ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
What id Birmingham Waterworks Company (1856)?
A judicial system where the judges actively seek the truth
What is the Inquisitorial system?
This law establishes the neighbor test about the duty of care owed. It stipulates that You must take reasonable care to avoid acts or omissions, which you can reasonably foresee, would be likely to injure your neighbor.
What is Donoghue v Stevenson (1932)?
The State takes these types of proceedings to deter crime and to punish criminals
What are Criminal proceedings
An alternative dispute resolution (ADR) method by which disputing parties use a neutral outside party to examine the issues and develop a settlement, which can be final and binding.
What is Arbitration
Outlines the following criteria in which secondary victims can claim and succeed
their relationship with the immediate victim: this had to be characterized by a 'close tie of love and affection';
their closeness in space or time to the incident or its immediate aftermath; and
how they learned about the accident, which had to be through their unaided senses.
What is Alcock v Chief Constable of South Yorkshire Police?
The intention of parties to create a legal relationship, in involves an offer and acceptance and there must be consideration of the form
What is a Contract?
A judicial system where the parties to the action argue their case and the judge decides the case on the evidence provided
What is an Adversarial System?
This case enunciated that an occupier who brings and keeps on his land anything likely to cause damage if it escapes will be liable for any damage caused as a result of its escape (strict liability)
What is Rylands v Fletcher (1868)
1an example of a tort that is actionable per se (the plaintiff does not have to prove that they have suffered any loss or damage to succeed
What is Trespass?
A tort which has the following characteristics
1. A duty of care owed by the defendant to the plaintiff.
2. A breach of that duty by the defendant.
3. Damage suffered by the plaintiff as a result of the breach.
What is Negligence?
This is a wrongful act that is committed by one party against another that causes harm and may lead to a civil lawsuit for damages.
What is a Tort?
A rule of evidence affecting the onus of proof. Its use is limited to those cases where the plaintiff has inadequate access to all the facts
What is Res Ipsa Loquitur (the facts speak for themselves)
Because malice or motive is not usually relevant, a person who acts with the very best of intentions in particular circumstances will still be held liable if the action is unlawful.
On the other hand, even if a person carries out an act with malicious intent they will not be liable if what they have done is not unlawful
What id Bradford Corporation v Pickles (1895)?
An interest in the subject of an insurance policy that is duly noted and that would cause the interested party to suffer financial loss if an insured event occurred.
What is Insurable Interest?