Lecture 3

Question 1

Criteria to prove tort of negligence

Answer 1

• Duty of care is owed to him by the defendant
• Defendant broke this duty of care
• Claimant has suffered an injury as result

Question 2

Vicarious liability

Answer 2

Liability for another person’s tort because there is a special relation between the parties

Question 3

Everyone owes a duty of care to his neighbour.

Neighbour =

Answer 3

Someone you can reasonably foresee will be injured by your act or omissions

Question 4

3 stage test for duty of care

Answer 4

• The harm or loss must be reasonably foreseeable
• There must be proximity between the claimant and the defendant
• It must be fair, just and reasonable to impose a duty of care

Question 5

Factors relating to the breach of duty of care

Answer 5

• What was the likelihood of the harm being caused to the claimant
• What was the potential seriousness of the harm?
• How reasonable was it to take precautions
• Was there an emergency situation