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. 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.. 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;. 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.. Tort: . harm caused to a person or property for which the law provides a civil remedy. The branch of law that holds persons, private organizations, and governments responsible for damages and injuries . to Charges. I didn’t do it!. What is a Defense . A defense is a lawful excuse, explanation or circumstance that can be used by an accused person to argue that he or she is not guilty of an offence.. 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.. 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 ?. 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.. Intoxication. Person has chosen to take alcohol, . drugs or other substances e.g. glue-sniffing. . General rule - if a person is voluntarily intoxicated and commits a crime there is no defence. . . Intoxication is relevant as to whether or not the defendant has the required mens rea for the offence. . 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”.. . SYFTET. Göteborgs universitet ska skapa en modern, lättanvänd och . effektiv webbmiljö med fokus på användarnas förväntningar.. 1. ETT UNIVERSITET – EN GEMENSAM WEBB. Innehåll som är intressant för de prioriterade målgrupperna samlas på ett ställe till exempel:. 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..