Advice Negligence Q6/7

Question 1

What are the three elements of negligence?

Answer 1

• Duty of care
• Breach of duty
• Damage.

Question 2

What case established the test for determining the existence of a duty of care in negligence?

Answer 2

Donoghue V Stevenson

Question 3

What should the courts do when determining duty of care in negligence cases according to _____ __ ____

Answer 3

Courts should reason by analogy, looking for established duties in similar cases according to Robinson V CCWY

Question 4

How do you determine if there has been a breach of duty in a negligence case?

Answer 4

Apply the reasonable person test along with risk factors.

Question 5

What is meant by “low cost of precaution” in negligence cases? What case can be used here?

Answer 5

The defendant could have easily taken a precautionary step.

(Latimer V AEC)

Question 6

How is causation established in negligence cases?

Answer 6

Using the “but for” test: But for the defendant’s actions, the damage would not have occurred.

Question 7

What case can be linked to the ‘but for’ test?

Answer 7

(Barnett v. Kensington)

Question 8

What determines if damage is too remote in a negligence claim? What case can be used here?

Answer 8

Whether the damage was a foreseeable result of D’s actions

(Bolton v. Stone).

Question 9

What is the likely conclusion in a negligence case where all three elements are satisfied?

Answer 9

C is likely to succeed their claim.

Question 10

What is the first element of negligence that needs to be identified?

Answer 10

Duty of care.