Negligence

Question 1

What is Negligence?

Answer 1

When a standard of care is expected and when someone breaches their duty of care, results in the harm or damage to another person or their property

Question 2

What does Foreseeable mean?

Answer 2

something that could be reasonably anticipated or predicted as a likely outcome of certain actions or events. In legal terms, it refers to outcomes or consequences that a reasonable person could expect to occur under particular circumstances.

Question 3

Who is defined as your neighbour?

Answer 3

persons who are so closely and directly affected by my act that i ought to reasonably have them in mind when i act

Question 4

Elements of Negligence

Answer 4

• Duty of Care
• Breach
• Causation
• Damage

Question 5

Duty of Care

Answer 5

When the person or property is in proximity to another, that if due care was not taken, damage might be done to the other. Acting in a way that falls below the standard of what is expected from a reasonable person.

Question 6

Breach

Answer 6

Did the defendant breach their standard of care?
Given the circumstances what would a reasonable person have done?

Question 7

Causation

Answer 7

Did the loss come from the lack of duty of care
- is there a causal link
- But for the defendant’s actions would the harm have occurred

Question 8

Damage

Answer 8

Did the plaintiff suffer damage

Question 9

Remoteness of damage

Answer 9

A test to determine whether damage is too remote to be forseeable.
- The damage must be a type that a reasoanble person could have anticipated as a likely result of the breach or wrongful act

Question 10

Damages are limited to..

Answer 10

what could reasonably be foreseen by the defendant at the time of the negligent act