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. Typically, there has been some incident or accident, such as a road traffic accident, accident […]
Meaning of Negligence I Negligence is used in a number of senses. In one sense, it refers to a person’s state of mind. An act is negligent, where it is done without giving due weight to the risks involved. A person (and his state of mind) may be negligent, even though the person considers the […]
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”. The test identified a neighbour, as a person who is so closely and directly […]
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. In some circumstances, statute […]
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. In this context the normal mitigation rule […]
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. The general principles of negligence apply to […]
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. An example of so-called “pure” […]
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 […]
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 […]
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 […]
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. The defendant has failed to act […]
