NEGLIGENCE

what is negligence

careless behaviour causes:

1. injury to a person, or

2. damage to property.

Negligence is a tort where the defendant is liable because they failed to take reasonable care, and this caused the claimant injury or property damage.

tort meaning

a civil wrong

That means it is not about punishing someone like criminal law. It is about allowing the injured person to claim a remedy, usually damages, from the person who caused the harm.

injury to people meaning

This means physical injury to a person’s body.

Examples:

• broken arm

• cut

• burn

• head injury

• illness caused by negligence

• physical worsening of a condition

principle of negligence

People should take reasonable care to avoid causing foreseeable physical harm to others.

• expected to behave as the reasonable person

reasonable person meaning

A reasonable person is an ordinary, sensible person placed in the defendant’s situation.

• did d fall below expected standard of care ?

list what C must prove

Element	Meaning
Duty of care	D owed C a legal duty to take care.
Breach of duty	D failed to reach the required standard of care.
Damage caused by the breach	D’s breach caused C’s injury or property damage.

duty of care meaning

defendant was legally obligated/ required to take reasonable care to avoid harming the claimant.

• avoid acts or omissions

DOC enforced to prevent floodgates from opening + impose responsibility

Explain donogue v stevenson

neigbour principle:

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

neighbour = People who are so closely and directly affected by your actions that you ought reasonably to have them in mind.

reasobably foresee meaning

A sensible person could predict the risk of harm.

explain caparo test

3 part test to determine a DOC in a new situation

1. reasonably foreseeable harm?

• Could a reasonable person in D’s position foresee that their conduct might cause harm to C?

2. proximity

• It can mean:

  • physical closeness

  • relationship closeness

  • directness between D’s act and C’s harm

3. fair, just and reasonable

• prevents floodgates