Strict Liability Lord Atkin's principle: "the ordinary duty of a person to take care either that his animal or his chattel is not put to such a use as is likely to injure his neighbour."...
Causation and Remoteness When a breach of duty of care was the cause of damage, a nexus between the two is established. This means, 'but for the breach of duty' damage would not have been ...
Negligence occurs when I fail to meet the reasonable standard of care expected in a similar situation. To establish negligence, foreseeability is crucial. Foreseeability assesses how predictable an...
Standard of care It is an appropriate level of care which a person is reasonably expected to reach the bench mark which is determined on the basis of the standard of a reasonable person. This mean...
Following are situations where a duty of care exists: There is no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there...
Negligence Carelessness vs Negligence Often, the line between carelessness and negligence becomes blurred, making it difficult to determine whether an act was due to carelessness or w...
Damnum sine injuria (Loss or damage for which there is no legal remedy) Meaning: This is a Latin term that means "damage without wrongful act." This maxim is based on a general principle...
Overview: What is Tort? Law of Torts is a body of rights, duties, obligations, and remedies that are applied in civil proceedings aimed at providing relief to persons who suffer harm from the ...
Overview: What is Tort? Law of Torts is a body of rights, duties, obligations, and remedies ...
Following are situations where a duty of care exists: There is no liability in negligence unless...
Standard of care It is an appropriate level of care which a person is reasonably expected to rea...
Causation and Remoteness When a breach of duty of care was the cause of damage, a nexus ...