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level: Torts & Professional Negligence

Questions and Answers List

level questions: Torts & Professional Negligence

QuestionAnswer
What does RES IPSA LOQUITAR mean?The thing speaks for its self
What is the neighbour principle?A duty of care may be owed to a person, even where no contractual relationship exists.
What are Damages?"A monetary award for the direct, foreseeable consequential loss suffered by the injured party, to restore them to the position they would have enjoyed if the wrong had not been committed." - ACCA
What is the main remedy in Torts?Damages
What are General Damages?"[To] compensate the claimant for the non-monetary harm suffered. This may include physical pain and suffering, loss of reputation, psychological damage, etc. These matters are not easily quantifiable, and can vary by case, although the concept of precedent allows for a "rule of thumb" on these matters. General damages are generally awarded only in personal claims – that is, in claims brought by individuals who have suffered personal harm." - ACCA
What are Special Damages?"[To] compensate the claimant for the quantifiable monetary losses suffered. The losses may be direct (e.g. expenses generated by the other party's tort) or indirect (economic loss such as loss of profits). Special damages are claimed in both personal and commercial actions." - ACCA
What/ Who is a Tortfeasor?"A person who commits a tort." - ACCA
What is Negligence?"The omission to do what a reasonable person would do or the doing of something which a prudent and reasonable person would not do." - ACCA
What is a Standard of Care?"The degree of care which should be expected of a person in order to discharge his duty of care to others." - ACCA
What is novus actus interveniens ?A new intervening cause