Duty of Care (AO1)

Question 1

Where can negligence be applied?

Answer 1

In situations where a person is injured or his property is damaged

Question 2

What is the tort of negligence used as?

Answer 2

The basis of the claim

Question 3

What is the main aim of the court case using negligence?

Answer 3

To prove that the defendant is at fault by acting negligently and causing the accident that caused damage to the claimant

Question 4

Courts or judge decide negligence with three factors, what are they?

Answer 4

-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

Question 5

What is a duty of care?

Answer 5

A legal relationship established between the claimant and the defendant

Question 6

The test to establish a duty of care is decided differently in which two circumstances?

Answer 6

-Facts are a novel situation
-Case facts are similar to an existing duty of care