Duty of Care (AO1) Flashcards
Where can negligence be applied?
In situations where a person is injured or his property is damaged
What is the tort of negligence used as?
The basis of the claim
What is the main aim of the court case using negligence?
To prove that the defendant is at fault by acting negligently and causing the accident that caused damage to the claimant
Courts or judge decide negligence with three factors, what are they?
-if there is a relationship between the claimant and the defendant
-The defendant does something or fails to do something
-Breach of duty causes damage to claimant
What is a duty of care?
A legal relationship established between the claimant and the defendant
The test to establish a duty of care is decided differently in which two circumstances?
-Facts are a novel situation
-Case facts are similar to an existing duty of care