Negligence
This is the civil wrong that occurs when a person fails to take reasonable care and causes harm.
What is negligence?
The person who brings a civil claim.
Who is the plaintiff?
This case involved a decomposed snail found in a bottle of ginger beer.
What is Donoghue v Stevenson (1932)?
This defence applies when a plaintiff knowingly accepts a risk.
What is voluntary assumption of risk?
Civil law primarily resolves these between individuals or organisations.
What are disputes?
These are the four elements that must be proven to establish negligence.
What are duty of care, breach of duty, causation, and injury/loss or damage?
The person alleged to have committed a civil wrong.
Who is the defendant (or tortfeasor)?
This case involved contaminated woollen underwear causing dermatitis.
What is Grant v Australian Knitting Mills (1935)?
The Latin name for voluntary assumption of risk.
What is volenti non fit injuria?
The purpose of civil law includes providing this to injured parties.
What is compensation?
This legal principle requires a person to take reasonable care to avoid harming people who are closely and directly affected by their actions.
What is the Neighbour Principle?
The remedy most commonly awarded in negligence cases.
What are damages?
This famous case established the Neighbour Principle.
What is Donoghue v Stevenson?
This defence can result in damages being reduced rather than completely denied.
What is contributory negligence?
This law protects rights, enforces obligations and promotes social cohesion.
What is civil law?
This element requires the plaintiff to show the defendant owed them a legal obligation to avoid foreseeable harm.
What is duty of care?
The legal term for a civil wrong.
What is a tort?
In this case, a manufacturer was found to owe consumers a duty of care despite no direct contract existing.
What is Grant v Australian Knitting Mills?
To establish voluntary assumption of risk, the plaintiff must have known, understood and done this.
What is voluntarily accepted the risk?
This legislation contains sections 48 and 51 relating to negligence in Victoria.
What is the Wrongs Act 1958 (Vic)?
This defence may reduce damages if the plaintiff contributed to their own injury.
What is contributory negligence?
The principle that one person can be held liable for the actions of another, such as an employer being liable for an employee.
What is vicarious liability?
This principle requires people to take reasonable care to avoid harming those closely and directly affected by their actions.
What is the Neighbour Principle?
This defence would most likely apply to someone injured while participating in a dangerous recreational activity where the risks were obvious.
What is voluntary assumption of risk?
This legal rule sets the time limit for commencing a civil claim.
What is a limitation of actions?