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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 |
Glossary of negligence terms
| 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 |
Activity 1
Give the
Definition: Individuals involved in a legal case
Answer: party
Defintion: The person who has been found responsible for a legal wrong
Answer: liable
Definition: Arguments/reasons put forward in a court by the defendant in a negligence case to reduce or avoid a payout to the plaintiff
Answer: defences
Definition: The particular damage suffered by a plaintiff must be closely related to the defendant’s action
Answer: remoteness
Definition: The plaintiff must show that the damage suffered was a direct result of the defendant’s actions
Answer: causation
Definition: The serious nature of an injury due to the defendant’s actions
Answer: gravity