Duty of Care

Question 1

What are the 4 elements of Negligence?

Answer 1

1. Person who injured P owed them a DOC
2. Person who injured P breached that duty
3. Breach of duty was the cause of their injury
4. Injury was not too remote from from the other person’s carelessness

Question 2

What are the 3 different types of DOC?

Answer 2

1. Situations where there is settled law that a DOC exists
2. Situations where there is settled law that a DOC DOES NOT exist (Settled law that barristers do not owe a DOC to a client for work done in court)
3. No settled law as to whether or not a DOC exists

Question 3

How does the court apply a reeasonable foreseeability of harm test using 4 features?

Answer 3

1. Outcome is NOT farfetched
2. Test is one of expected foresight, knowability
3. Foreseeability must be of the risk of injury either to the plaintiff or someone somehow related to plaintiff
4. The reasonable foreseeability test at the duty stage is quite general and abstract

Question 4

What is involve