Chapter 1 - Duty of Care Flashcards
What is negligence in legal terms?
Negligence is a widespread tort based on carelessness, where a defendant’s failure to act reasonably leads to harm or damage to the claimant.
What is the first hurdle a claimant must overcome in a negligence claim?
The first hurdle is determining whether the defendant owes the claimant a duty of care.
What is an established duty of care?
An established duty of care is a legal obligation that is already recognized in common situations, such as road users, doctors to patients, employers to employees, and manufacturers to consumers.
What types of damage are covered by established duty situations?
Established duty situations typically cover physical damage, such as personal injury or property damage.
What are novel duty situations?
Novel duty situations refer to new cases where the court must decide if a duty of care should be imposed, as there is no prior case law on the matter.
What are the three parts of the test courts apply for novel duty situations?
1) Reasonable foresight of harm to the claimant, 2) A proximate (close) relationship between the claimant and the defendant, 3) Whether it is fair, just, and reasonable to impose a duty.
What principle did Donoghue v. Stevenson establish?
The principle that we should take care to avoid harm to persons who are reasonably foreseeable as being affected by our actions.
Why is proximity important in determining a duty of care?
A lack of proximity (close relationship) can affect whether a duty of care is owed, especially in cases like pure economic loss or psychiatric harm.
What is the general rule regarding omissions in negligence claims?
Generally, there is no duty of care for failing to act (omissions), except in specific situations where there is an existing duty to act.
What are some exceptions to the rule that omissions do not create a duty of care?
Exceptions include situations where a defendant has a duty not to make a situation worse (e.g., helping someone in danger) or where there is an existing special relationship (e.g., parent to child, employer to employee).
When can a failure to act lead to a duty of care?
A failure to act can lead to a duty of care if there is a special relationship, such as a parent to a child or an employer to an employee, where there is a positive duty to prevent harm.
What happens after determining a duty of care is owed in a negligence claim?
If a duty of care is owed, the next step is to consider whether there was a breach of duty, which will be covered in Chapter 2.
What is the key takeaway from Chapter 1 of the negligence manual?
The key takeaway is that understanding whether a defendant owes a duty of care is the critical first step in any negligence claim, as it determines whether the claim can proceed.
