General Issues

Tort Liability

Negligence The tort of negligence is of great practical importance. It expresses duties and rights in a very open and general way. Liability for negligence may arise when the defendant owes a duty of care to the claimant.… Read the rest

Tort General

Overview “Tort” is an archaic (Norman-French derived) word for a wrong. The law of torts relates to private claims between individuals or corporates for compensation caused by wrongdoing. In contrast to a claim based on a contract, it does not derive from a voluntary agreement.… Read the rest

State Actors

Historical Immunity of the State At common law, the King / Crown represented the State and was immune from private civil claims. It was a principle that the King could do no wrong and was immune from suit in the courts, which were constituted is his name.… Read the rest

Contributory Negligence

Claimant Part Fault Where a claimant is partly at fault, the damages he is entitled to recover is reduced in proportion to his relative fault. This issue arises most commonly in the context of negligence. Contributory negligence may arise as between defendants or as between the claimant and one or more defendants. … Read the rest

Contribution

Contribution The amount of contribution fixed by the court between parties is to be such as is just and equitable having regard to each party’s degree of fault. One person may be indemnified completely. Comparative blameworthiness is considered.… Read the rest

Concurrent Wrongdoers

Concurrent Wrongdoers Concurrent wrongdoers are two or more wrongdoers who are responsible to the claimant for the same damage. Persons may become concurrent wrongdoers as a result of vicarious liability of one for another, breach of joint duty, conspiracy, concerted action to a common end or independent acts causing the same damage; The wrong on the part of one or both may be a tort, breach of contract or breach of trust, or any combination of them; It is immaterial whether the acts constituting concurrent wrongs are contemporaneous or successive.… Read the rest

Civil Liability Issues

Causation In civil wrong/ tort claims, the claimant must show that the defendant’s actions have caused him loss and damage in order to recover damages. Even, if the defendant can be shown to have caused the loss, the consequences of the defendant’s actions must not be too “remote” to be the subject of compensation.… Read the rest

Civil Actions and Death

Survival of Actions At common law, most personal civil claims by or against the deceased ceased on this death. This position was reformed by statute in several types of case. Ultimately, the Civil Liability Act 1961 provided that all claims, both against and in favour of the deceased, survived for the benefit of his representatives. … Read the rest

Causation & Remoteness Issues

Causation The question of whether the defendant’s acts or omissions have caused the claimant’s loss of damage, in the legal sense, is a matter of both fact and legal policy. Where loss or damage has been caused by the defendant but it is too far removed from the negligence or other civil wrongs to be the subject of compensation, it is said to be too remote.… Read the rest

Causation

Causation, Remoteness & Damages An essential element of a claim in negligence is causation. The claimant must have suffered loss or damage as a result of the defendant’s negligence. The concept of causation, in a legal sense, is more complex and less transparent than first appears.… Read the rest