Negligence >-<

The four elements of negligence are:

• Duty of care: A person owes a duty of care if the risk was foreseeable, the risk was significant or not insignificant, and a reasonable person in the same circumstances would’ve taken precautions to eliminate any risk of harm.

• Breach: A violation of the duty of care: When a person fails to do what a ‘reasonable person’ wouldve done.

• Causation: the plaintiff must show that the loss or injury was caused by a breach of duty of care, and that the injury would not have occurred if the duty was not breached.

• Damages: A plaintiff can only seek legal remedy if they have suffered injury, loss or damage, even if the damage is minor.

Exceptions to duty of care:

• Signing a wavier for risky activity

• Good samaritan

• Person who donates food

• volunteers

Breach of duty of care.

the court considers:

• likelihood of harm

• likelihood of serious harm

• the burden of taking precautions to avoid the harm

• the social utility of the activity that creates the risk

Types of injury or loss include:

• Physical damage

• mental damage

• exacerbation or recurrence of existing damage

• financial loss

• loss of future earnings

• loss of amenities

Purposes of negligence:

• to protect an individual’s right to be safe from harm – harm to the person and harm to their property. ( main reason )

• protect people from wrongful conduct by others, particularly where a person acts recklessly or with complete disregard for another person 

• allow parties to seek compensation against those people who have acted contrary to those laws.