PPT-Liability in negligence for injury to people and damage to property

Negligence Causation Learning Objectives By the end of the session you should be able to Distinguish between factual causation and legal causation Explain the but for test Explain how the but for test is applied to cases involving multiple possible causes of injury or . Chapter 8.2. Consider the following case….. In January 2009, American tourist Jean Barnard boarded a Qantas plane in Alice Springs. As she did so, a three-year-old child screamed close to her face..  .  . Chapter 10. Incompatible Uses. By . "decentralized" . policies we mean policies that essentially allow the . individuals . involved in a case of environmental pollution to work it out . themselves.. Defences for Negligence. The best defence is Negligence did . not. exist, or the defendant didn’t owe the plaintiff a duty of care.. Duty of Care. – a specific legal obligation to not harm other people or their property; a principle of tort law.. Module 4 – Negligence: Causation and Scope of Liability (Remoteness). Objectives. At the end of this. module you should . be able to. :. Understand the ways in which the Civil Liability Act has affected factual causation at common law;. Negligence. conduct . falling below what would be expected of a reasonable person in the same circumstances. a . reasonable person is one who is accepted by society. 4 Elements of . Negligence. Plaintiff . A quick tour through clinical negligence from . the Claimant perspective. Robert . Dransfield. Partner. , Stewarts Law LLP. Why am I here?. So who am I ?. What do I do ?. Why do I do it ?. Who pays ?. Negligence: . Remoteness of damage . Learning Objectives. By the end of the session you should be able to:. Explain the test for remoteness.. Explain the thin skull rule.. Remoteness. In order to show legal causation, it must be shown that the loss or damage sustained by the claimant was not too remote.. M.Math. .. Department of Electrical and Computer Engineering. University of Waterloo. Outline. . This talk focuses on the liabilities of an engineer due to negligence. Review criminal and regulatory law. Chapter 6. 1. © 2002 West/Thomson Learning. Bailments & Common Carriers. Bailment: legal concept where owner of property transfers possession to bailee, but retains ownership. Shipper is bailor. Negligence: Causation. Learning Objectives. By the end of the session you should be able to:. Distinguish between factual causation and legal causation.. Explain the ‘but for’ . test.. Explain how the ‘but for’ test is applied to cases involving multiple possible causes of injury or . Business Law Chapter 6: Personal Injury Laws Your neighbor Shana is using a multipurpose woodcutting machine in her basement hobby shop. Suddenly, because of a defect in the two-year old machine, a metal clamp from the machine breaks. The metal strikes Shana’s left eye, badly injuring it. The manufacturer had provided a one-year warranty against defects on the machine. CHAPTER 9GENERALCONCEPTSIntroductory NoteA NEGLIGENCE AND DUTY OF CARE91Elements of Liability No Negligence of the Plaintiff92Negligent Infliction of Emotional Distress Elements of Liability93Negligen Definition of Negligence. According to Winfield and . Jolowicz. “Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.”. Lord Wright states that “Negligence means more than headless or careless conduct, whether in commission or omission; it properly connotes the complex concept of duty, breach, and damage thereby suffered by the person to whom the duty was owed.”. Think of situations in which one person should act with care towards another and fails to provide it. Have you heard of lawsuits being filed over such situations. ?. Participating in traffic requires drivers and pedestrians to act with care. .