Unit 2 Legal Studies (Negligence & Civil Law)

Reasonableness

• Standard assessing whether a person acted as a “reasonable person” would in similar circumstances.

• Why it matters: Helps determine breach of duty — if the person’s conduct falls below what’s reasonable, it’s negligence.

• Related terms: Duty of care, breach, standard of care, S9 CLA

• Example: A reasonable doctor checks a patient’s symptoms carefully to prevent harm.

Omissions

• Failure to act when there is a legal duty to do so, which can lead to liability.

• Why it matters: Prevents harm caused by inaction when there’s a clear duty of care.

• Related terms: Duty of care, breach, foreseeability

• Example: A lifeguard failing to save a drowning swimmer breaches their duty.

Breach of Duty of Care

• Failing to meet the standard of care expected, causing foreseeable harm.

• Why it matters: Without breach, there can be no negligence claim.

• Related terms: Reasonableness, S9 CLA, probability of harm

• Example: Failing to clear icy steps leading to a slip and injury.

Precedent

• Court decision that serves as a legal example for future cases.

• Why it matters: Ensures consistency and predictability in law.

• Related terms: Donoghue v Stevenson, common law, case law

• Example: Donoghue v Stevenson (1932) established the neighbour principle in negligence.