Liability In Negligence

Question 1

Negligence

Answer 1

An act or a failure to act which causes injury or damage to another person or their property

Question 2

What’s is it

Answer 2

In any situation the tort of negligence is used as the basis of the claim. Negligence need to proof of fault on the part of the person who caused the accident

Question 3

Negligence claim

Answer 3

In any claim the claimant will have to proof that the defendant was at fault and to blame for the injury or damage. The levels of fault that have to be shown is on the BALANCE OF PROBABILITIE.
Evidence has to be shown to get compensation

Question 4

Duty of care.

Answer 4

Is the legal relationship between the parties.

Question 5

Judicial precedent

Answer 5

It’s when a judge makes a decision on a case, then for cases afterwards that decision must be taken into account in deciding whether someone is guilty

Question 6

The Caparo test

Answer 6

Neighbour principle was used by judges until it was replaced by a THREE PART TEST:

• Was damage or harm foreseeable?
• was the relationship close between the parties?
• is it fair, just or reasonable to impose a duty?

Question 7

Damage or reasonably foreseeable

Answer 7

It all depends on the facts of the case

Question 8

Proximity of relationship

Answer 8

Even if harm is foreseeable, duty of care will only exist if if the relationship between claimant and defendant is close.