NEGLIGENCE Flashcards
1
Q
3 PART CAPARO TEST IS
A
- Reasonable foresight
- proximity
- fair just reasonable
2
Q
3 elements for negligence are
A
- duty of care
- breach of duty
- damage
3
Q
for negligence>breach of duty the five factors to look at are
A
- characteristics of claimanat (stepney)
- characteristics defendenr
- precaurions(latimer,sawdust floor)
- size of risk (roe v health)
- benefit of taking risk
4
Q
for negligence>damage what is damage
A
- factual causation
- remoteness of damage