Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of their employees and agents under principles of vicarious liability.… Read the rest

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include depression, posttraumatic stress disorder, psychosomatic pain, anxiety and panic attacks.… Read the rest

Overview Professional negligence is subject to the general principles of negligence. Professional negligence is negligence in the course of a professional service or advice. Professional services may include medical, legal accounting and similar services. There will frequently be a contract providing for and regulating the delivery of the service.… Read the rest

Overview If the only loss incurred as a consequence of a negligent act (as opposed to a negligent statement) is economic then, unless there is a contract, there is usually no right of compensation. This the principle that there is generally no right of recovery for so-called pure economic loss.… Read the rest

Establishing Liability Liability in negligence requires the proof of whether the defendant was in fact negligent. Stated otherwise, this requires that he failed to take the relevant degree of care in the circumstances.  In broad terms, the relevant degree of care is that which is reasonable in the circumstances.… Read the rest

Duty of Care and Neighbour Principle The famous case of Donoghue v Stevenson (which was quickly accepted in Ireland) held that a manufacturer of a product owed the duty of care to the user. The product must not be so defective that it causes injury to those who may be expected to use in the ordinary course of things.… Read the rest

Overview The most commonly encountered civil wrong is the tort of negligence. It is a principle of law of the very widest practical application. A very significant quantity of all litigation in the courts is based on claims for negligence.… Read the rest

Contact and  Third Parties At one time a solicitor’s duty to his client was determined by the terms of the retainer, i.e. the contract between them.  However, it is now firmly established that a solicitor owes a duty of care in negligence both to his clients and also to third parties within the scope of the “neighbour” / proximity principle.… Read the rest

Negligence and Economic Loss The courts have been traditionally reluctant to grant compensation for pure economic loss. Recovery for economic loss arising from deliberate and reckless acts was allowed in some circumstances Recovery for economic loss which followed as a result of personal injury or property damage has long been allowed in a claim based in negligence.… Read the rest

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”. … Read the rest