Negligence >-<

yayayayaya :D

What are the four elements of negligence?

Duty of care, Breach, Causation, Damages.

Duty of care

A person owes a duty of care if the risk was foreseeable, significant, and a reasonable person would have taken precautions.

Breach of duty

A violation of the duty of care when a person fails to act as a reasonable person would.

Causation

The plaintiff must show that the loss or injury was caused by a breach of duty and would not have occurred without it.

Damages

A plaintiff can seek legal remedy only if they have suffered injury, loss, or damage.

Exceptions to duty of care

Examples include signing a waiver for risky activity, good Samaritan acts, food donations, and voluntary activities.

Factors the court will consider in a breach of duty

Likelihood of harm, likelihood of serious harm, burden of taking precautions, and social utility of the risky activity.

Types of injury or loss in negligence

physical damage, mental damage, exacerbation of existing damage, financial loss, loss of future earnings, and loss of amenities.

What is the main purpose of negligence law?

To protect an individual’s right to be safe from harm to their person and property.

Why is negligence law important?

It protects people from wrongful conduct, particularly from reckless actions, and allows compensation for damages.