Law of tort
Law of Tort
The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability.
Tort of Negligence
It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have.
Elements of negligence
To succeed in an action for negligence, the plaintiff must prove ALL the followings:
The defendant owed him a duty of care
Test for Duty of Care (Spandeck v DSTA)
Preliminary requirement – Factual Foreseeability (requirement of reasonable foreseeability from a factual perspective)
Factual foreseeability is established if it can be shown that “the defendant ought to have known that the claimant would suffer damage from his carelessness”. In other words, if a reasonable man standing in the position of the defendant would have foreseen injury to the plaintiff by his conduct, the defendant owns the plaintiff a duty of care.
Two-stage test – Proximity & Policy consideration
Legal Proximity – the closeness and directness of the relationship between the parties
Physical Proximity – in the sense of space and time
Example: a motorist on the expressway owes a duty of care to drive and maintain control of his vehicle in such a way as not to injure other motorists and road users in the immediate vicinity
Circumstantial Proximity – in term of relationship between them
Causal Proximity – the closeness or directness of the causal connection or relationship between the particular act or course of conduct and the loss or injury sustained
Example: Property valuer issue a valuation report prepare negligently may own a duty of care to a third party whom the valuer knows is likely to rely on that report to make an investment decision
Once proximity is established, a prima facie
The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability.
Tort of Negligence
It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have.
Elements of negligence
To succeed in an action for negligence, the plaintiff must prove ALL the followings:
The defendant owed him a duty of care
Test for Duty of Care (Spandeck v DSTA)
Preliminary requirement – Factual Foreseeability (requirement of reasonable foreseeability from a factual perspective)
Factual foreseeability is established if it can be shown that “the defendant ought to have known that the claimant would suffer damage from his carelessness”. In other words, if a reasonable man standing in the position of the defendant would have foreseen injury to the plaintiff by his conduct, the defendant owns the plaintiff a duty of care.
Two-stage test – Proximity & Policy consideration
Legal Proximity – the closeness and directness of the relationship between the parties
Physical Proximity – in the sense of space and time
Example: a motorist on the expressway owes a duty of care to drive and maintain control of his vehicle in such a way as not to injure other motorists and road users in the immediate vicinity
Circumstantial Proximity – in term of relationship between them
Causal Proximity – the closeness or directness of the causal connection or relationship between the particular act or course of conduct and the loss or injury sustained
Example: Property valuer issue a valuation report prepare negligently may own a duty of care to a third party whom the valuer knows is likely to rely on that report to make an investment decision
Once proximity is established, a prima facie