Duty of care overview

Question 1

To establish a claim in negligence which elements should you consider?

Answer 1

(1) Loss or damage; Loss or damage of a recognised kind sustained by the claimant
(2) Duty; The existence of a duty of care owed by the defendant to the claimant
(3) Breach; Breach of that duty by the defendant
(4) Causation; Proof that the breach caused the damage (both in law and in fact)
(5) Remoteness; Proof that the damage suffered was reasonably foreseeable i.e. not too remote
(6) Defences; Finally, defences: the defendant may have one or more valid defences to the claim

Question 2

What are some common losses in a negligence case?

Answer 2

· Physical / bodily injury (eg a broken arm / a skull fracture)
· Psychiatric harm (generally this must be something beyond emotional distress. It must be a recognised mental illness eg reactive depression)
· Property damage (eg damage to your car. Damage to the roof of your house)
· Economic loss caused by personal injury/damage to property (eg loss of wages when you could not attend work due to a broken arm. Loss of revenue when a shop has to close due to damage to the roof).
· Other economic loss (eg lost savings due to an investment based on bad advice. Harm to your business’s reputation due to the negligent design of an unpopular advert).