Professional Documents
Culture Documents
of Tort
Definition
Blyth
v
Birmingham
Waterworks
Co
‘The
omission
to
do
something
Tort
of
Negligence
(D’09
Q8)
which
a
reasonable
man,
guided
upon
those
considerations
which
ordinarily
regulate
the
conduct
In
order
to
succeed
in
an
action
in
the
tort
of
negligence,
of
human
affairs
would
a
plaintiff
is
required
to
prove
the
following.
do,
or
doing
something
which
a
prudent
and
1. that
the
defendant
owed
the
plaintiff
a
duty
of
care;
reasonable
man
would
2.that
the
defendant
breached
that
duty
of
care;
and
not
do. 3.that
the
plaintiff
suffered
damages
as
a
consequence
of
that
breach.
Duty of Care Breach of Duty of Care Resultant Damage
-‐ A
person
has
a
duty
to
take
-‐ Reasonable
Man’s
Test -‐ The
plaintiff
has
to
further
prove
that
reasonable
steps
to
avoid
acts
or
A
breach
of
the
duty
of
care
is
said
to
it
was
because
of
the
breach
of
duty
omissions
which
he
can
reasonably
occur
when
the
defendant
has
failed
by
the
defendant
that
he
(plaintiff)
foresee
are
likely
to
injure
his
to
do
what
a
reasonable
person
has
suffered
damages.
neighbour. would
have
done,
or
has
done
something
which
a
reasonable
-‐ The
damages
must
also
be
-‐ Neighbour person
would
not
have
done.
reasonably
foreseeable
and
not
too
Lord
Atkins
-‐
‘persons
who
are
so
remote.
closely
and
directly
affected
by
the
-‐ Whether
or
not
the
defendant
has
The
Wagon
Mound
defendant’s
act
or
omission
that
the
breached
that
duty
is
a
matter
of
fact
defendant
must
have
him
in
mind
to
be
determined
by
the
court,
in
the
when
he
does
the
act
or
omission
in
particular
circumstances.
question’.
Bourhill
v
Young
Donoghue
v
Stevenson
7.Social
Benefit
-‐ If
the
defendant’s
actions
served
a
socially
useful
purpose
then
he
may
be
protected
from
liability.
-‐ (e.g.
have
to
weigh
-‐
save
100
people,
as
a
result
injured
1
person..NEVER
MIND
;)
)
-‐ (e.g.
Police/Ambulance
speed
to
save
life
and
injured
someone,
cannot
be
sued)
The
plaintiff
will
have
to
prove
that
the
damage
or
injury
was
caused
by
the
breach
of
the
defendant
of
the
duty
of
care.
-‐ The
plaintiff’s
claim
will
be
-‐ ‘No
wrong
can
be
done
to
a
person
-‐ The
plaintiff
has
to
prove
that
the
subsequently
or
proportionately
who
voluntarily
consents
to
it’ defendant
had
acted
unreasonably.
reduced
if
the
damage
suffered
was
a
-‐ The
burden
of
proof
is
on
the
result
of
negligence
by
the
plaintiff. 3
Main
Requirements defendant
to
show
that
he
has
acted
a. Consent
to
the
risk. reasonably
under
the
circumstances
-‐ Section
12
of
the
Civil
Law
Act
1956 -‐ If
the
plaintiff
consented
to
the
and
the
accident
would
have
where
any
person
suffers
damage
as
risk,
the
defendant
should
not
be
happened
anyway
as
the
damage
is
the
result
partly
of
his
own
fault
and
liable
as
the
defendant’s
breach
not
one
that
is
foreseeable
nor
can
it
partly
of
the
fault
of
any
other
appears
to
be
justified. be
avoided
by
taking
any
reasonable
person
or
persons,
a
claim
in
respect
-‐ ICI
v
Shatwell
(The
claimant
and
his
brother
precautions.
of
that
damage
shall
not
be
defeated
disregarded
the
employer’s
safety
rules
while
-‐ Stanley
v
Powell
(the
D,
who
was
a
member
of
using
detonators
that
resulted
in
injury
and
the
by
reason
of
the
fault
of
the
person
a
shooting
party
fired
at
the
bird
and
the
bullet
court
upheld
the
defence
of
volenti
non
fit
injuria)
glanced
off
a
tree
and
hit
the
P.
However,
the
court
suffering
the
damage,
but
the
held
that
the
defendant
was
not
liable
as
the
damages
recoverable
in
respect
b. Consent
must
be
voluntary. accident
was
inevitable)
thereof
shall
be
reduced
to
such
-‐ The
plaintiff’s
consent
must
be
extent
as
the
Court
thinks
just
and
free
and
voluntary.
equitable
having
regard
to
the
-‐ Bowater
v
Rowley
Regis
claimant's
share
in
the
responsibility
Corporation
(Held
-‐
a
person
is
said
to
be
for
damage. voluntarily
assuming
the
risk
if
he
is
in
a
position
where
he
has
a
choice.
He
must
have
full
knowledge
of
the
circumstances.)
-‐ 3
Main
Elements
a. The
plaintiff
has
a
duty
of
care
for
c. The
plaintiff
must
have
full
himself
to
act
reasonably
so
as
to
knowledge
of
the
risk.
avoid
damage
to
himself. -‐ How
far
does
knowledge
implies
b. The
plaintiff
had
breached
this
consent?
duty
by
acting
unreasonably. -‐ Dann
v
Hamilton
(Held
-‐
Dann
was
aware
of
c. The
act
or
omission
which
was
the
potential
danger
of
an
accident
but
she
had
not
by
virtue
merely
of
her
knowledge,
assented
reasonably
foreseeable
must
be
to
it.)
the
cause
of
his
injury.