Negligence

Question 1

Define Negligence

Answer 1

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

Question 2

What is meant by duty of care

Answer 2

An act of safety that is owed between a 2-way relation

Question 3

What is essential to start a tort

Answer 3

There must have been a legal relationship between both partties where there is a duty of care present

Question 4

When is the Caparo Test used

Answer 4

When the Duty of care is not clear

Question 5

What are the 3 parts of the Caparo Test

Answer 5

Was the damage or harm foreseeable
Is there a sufficiently proximate relationship between C&D
is it fair, and reasonable to impose a duty

Question 6

When can a duty of care become breached

Answer 6

First needs to be proved that there was a duty of care owed in the first place
Needs to be proven that the duty was breached