澳大利亚过失侵权民事责任的构成

澳大利亚最高法院判决医生要为其实施的失败的绝育手术承担过失侵权责任,医生要赔偿原告的损失,其中包括支付原告在绝育手术后所生孩子的抚养费.本文联系此案分析过失侵权的构成:被告对原告负有注意义务;被告违反了注意义务;被告违反了注意义务给原告造成损害;被告对过失侵权的抗辩.

Constitutive Elements of Liability for the Tort of Negligence in Australia

The High Court of Australia judged a case, in which the doctor should be responsible for his failed sterilisation procedure and compensate for the plaintiff's losses including costs of raising and maintaining the child born after the sterilisation procedure. Based on the said case, this article analyses the constitutive elements of the tort of negligence, the defendant's duty of care to the plaintiff, the defendant's breach of duty of care; the plaintiff's damage caused by the defendant's breach of duty of care and the defendant's defence to the tort of negligence.