Torts, and Tort of Negligence

 Torts, and the Tort of Negligence

 Negligence Failure to take proper care that a reasonable person would exercise in a similar situation  Negligent  The person who commits a careless act that creates harm to another person Negligence has three key characteristics 1. The action is unintentional (“I didn’t mean it, it was an accident!!”) 2. The action is not planned (“I didn’t plan for this to happen!!”) 3. Some type of injury is created. In this unit, we will examine three types of injuries: 1. Physical, psychological or damage to property 2. Purely economic or financial 3. Purely economic or financial loss caused by giving negligent advice or information  The action for negligence is an action for damages (or compensation) brought by the injured person (the plaintiff) to the negligent person (defendant).  To succeed for an action of negligence, the plaintiff must satisfy three requirements.  The neighbour test has two elements: First element: People owe a duty to take reasonable care not to injure their ‘neighbours’ Who is your neighbour? ‘…persons who are so closely or directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’  The neighbour test has two elements: First element: People owe a duty to take reasonable care not to injure their ‘neighbours’ Who is your neighbour? ‘…persons who are so closely or directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’ Second element: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. This means you must take reasonable care to ensure you do not cause reasonably foreseeable harm that you may likely cause to your neighbour if you are negligent or careless!! Confused? Ask yourselves these two questions: 1) Do you expect your neighbour to cause you a loss, harm or injury if they were careless or negligent? If your answer is yes 2) Are these types of losses reasonably foreseeable? YES! This is called vicarious liability.  In a workplace context, an employer can be vicariously liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.  Example: A delivery man riding unlawfully and hitting a person during the course of his employment which leaves the person injured (Hollis v Vabu Pty Ltd)  However, an employer is not generally responsible for the negligent acts of an independent contractor because the employer has discharged or delegated his/her responsibilities by hiring an independent and qualified contractor to act in his/her place. Today we examined:  The law of tort generally  The common law tort of negligence The main elements  Duty Of Care;  Breach of the Duty Of Care, and  Damages  Causation