PPT-Defences for Negligence

Defences for Negligence The best defence is Negligence did not exist or the defendant didnt 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. Michael W. Pearson . and . Daniel S. Riley. © 2015. 978-1-4724-4563-6 (paperback) . 978-1-4724-4560-5 (hardback). Chapter . 3 . Types and Sources of Law. Foundations of Aviation Law. Chapter Objectives. Law in Action . – Ch. 14. Tort. = a civil wrong; damage to property or a personal injury caused by another person. Unintentional Torts . = injuries that are the result of an accident or an action that was not intended to cause harm. 198 9 IntroductionIt is traditional to Module . 9. . – Defamation. Objectives. At . the end of this. module you should . be able to. :. Understand the elements of defamation;. Assess the extent to which defamation law protects privacy;. Chapter 8.6. Trespass to land. Courts have always been asked to settle matters which sought to protect the rights of landowners. Trespass protects the landowner from the unauthorised intrusion of land. Chapter 8.1. Tort Law. The law of torts deals with a range of conduct that causes . injury. to a person by breaching a legally recognised right and gives that person a remedy, such as payment of compensation. However, the defendant may be able to avoid or lessen liability by the use of a legally recognised defence.. Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead, he missed and shot and killed the Prime Minister’s secretary, Edward Drummond.. Automatism. Automatism. For automatism to work as a defence, the actions of the defendant must be completely . involuntary.. Bratty -v- Attorney General for Northern Ireland (1963). “an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking”.. Duress. This defence exists where the defendant is put under considerable pressure to commit a crime or face death or serious injury to himself or another for whom he feels responsible – the defendant is faced with a terrible dilemma.. BY TH END OF THIS LESSON . “I WILL BE ABLE TO IDENTIFY LEGALLY ACCEPTED DEFENCES IN THE CRIMINAL CODE”. Criminal Defences. A right to a criminal defense is one of our fundamental rights. The Criminal Code defines some defenses available . CHAPTER 9GENERALCONCEPTSIntroductory NoteA NEGLIGENCE AND DUTY OF CARE91Elements of Liability No Negligence of the Plaintiff92Negligent Infliction of Emotional Distress Elements of Liability93Negligen TORTS . 1. DR. SONNY ZULHUDA. Background. Right to compensation under law of tort must be brought through . LEGAL ACTION . (Plaintiff v Defendant).. P must cite grounds as the . CAUSES OF ACTION. , e.g.: Negligence, Trespass, Nuisance, Defamation, Wrongful Imprisonment, etc.. 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.”. – the Pitfalls?. Dr Martin Connor. Consultant Microbiologist. Some basic law!. Medical Negligence in . Scotland. Scotland currently operates a fault-based compensation scheme . Compensation can either be awarded by the court, or be paid to the pursuer in the form of an out of court settlement following a claim against an NHS .