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Glossary

 

Glossary

The following glossary of negligence terms will help you fully understand the tort of negligence. After you have studied the terms and their definitions, click on the tabs to complete the practice activities.

Terms Definition
party individuals involved in a legal case
duty of care legal obligation to be careful in circumstances where harm to another may occur
tort civil wrong on a person caused by the actions of another person
breach breaking/neglecting a legal obligation
damages compensation in money to a party who has been wronged in a civil case
liable the person who has been found responsible for a civil wrong
sue to take legal action against another party in a civil dispute
defences arguments/reasons put forward in a court by the defendant in a negligence case to reduce or avoid a payout to the plaintiff
reasonable person a person of normal intelligence and skill who should act in accordance with community standards
scope of liability the actual loss or injury suffered by the plaintiff must have been reasonably foreseeable to the defendant
causation the plaintiff must show that the type of damage suffered was a direct result of the defendant's actions
proximity nearness or closeness
foresee/ foreseeable a reasonable person should realise the danger involved in certain actions
likelihood whether or not injury is likely to occur in certain circumstances
gravity serious nature of an injury due to the defendant's actions