negligence

Question 1

4 element of negligence

Answer 1

1. duty of care
2. breach
3. causation
4. loss

Question 2

duty of care

Answer 2

obligation to be careful toward another person and prevent foreseeable harm from occurring to them (neighbour principle)

Question 3

negligence

Answer 3

requires individuals who owe a duty of care to another person to prevent foreseeable (predictable) harm from occurring.

Question 4

breach

Answer 4

an act or omission that represents a failure to meet a legal obligation. the duty of care is breached when a person fails to do what a reasonable person would have done in the same situation (non insignificant/farfetched)

Question 5

negligence causation

Answer 5

p must prove that d’s breach was a necessary condition of their loss or harm
- but for
- intervening act

Question 6

loss, injury, damage

Answer 6

p must prove that the specific loss was reasonable foreseeable and not too remote

Question 7

negligence defences

Answer 7

1. lack of elements
2. voluntary assumption of risk
3. contributory negligence

Question 8

voluntary assumption of risk

Answer 8

1. p aware of obvious risk
2. p voluntarily chose to take the risk - consent can be express or implied

Question 9

contributory negligence

Answer 9

• p is partly to blame for the harm done (did not take reasonable care to avoid foreseeable harm) - inc. intoxication
• CN is not a complete defence - reduce damages