Negligence

Question 1

What is negligence ?

Answer 1

The failure to use reasonable
care, resulting in harm to a
person or to his or her
property

Question 2

What are essential elements ?

Answer 2

are the component parts of each

claim which must be established, meaning proven, by the person asserting the claim

Question 3

Duty of care ?

Answer 3

A duty of care is where one party has a legal duty to not cause injury or loss to another party by their acts

eg. a doctor and patient, employer and employee

Question 4

Standard of proof ?

Answer 4

• The balance of probabilities test can be explained as requiring the plaintiff to prove that his or her version of events is, on balance, more likely or more believable than that of the defendant.
• In tort cases the plaintiff must prove all elements of their cases against the defendant