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Danielle CoakleyUnit 2: Concept of LiabilityKey Terms
Liability in Negligence
Civil Law The law concerned with the relationship
Civil Evidence The rules that set out how the facts of a civil case
must be proved.
Balance of Probabilities The standard of proof in a civil case. It means
that the claimant must prove his case is more
likely than not to be as presented by him.
The Reasonable Man The expression used to describe the basis of the
law of negligence: the typical ordinary person.
Damage The resulting loss to a claimant from a breach of
a duty of care.
Damages The amount of compensation payable to the
claimant who has proved the defendant has
Remoteness of Damage The defendant is liable for damage only if it is
the foreseeable consequence of the breach of
Res Ispa Loquitur This literally means `the thing speaks for itself'. It
is a rule whereby negligence can be inferred
from the fact that the accident happened.
Case Monitoring The system b which the court monitors progress
of a case to help achieve a quick conclusion.
Case Management The active role taken by a judge in the life of a
case to help reach a speedy and just resolution
of the issue.
Pecuniary Losses The claimant's losses that are financial losses,
such a loss of earnings.
Non-Pecuniary Losses The claimant's non-financial losses, such as pain
Special Damages This is compensation for the financial costs
incurred up to the date of the trial, such as repair
of a damaged car.
General Damages These cover any loss that does not have a
quantifiable sum attached to it.