Negligence Flashcards
1
Q
What are the three stages to a claim of negligence?
A
- Duty of care
- Breach of duty
- Resulting damage
2
Q
What must the claimant prove in Stage 1 of a negligence claim?
A
The claimant (C) must prove that the defendant (D) owed him a duty of care.
3
Q
What is the Neighbour test in negligence?
A
According to Lord Atkin HL in Donoghue v Stevenson, ‘You should take reasonable care to avoid acts or omissions that would cause injury to your neighbour.’
4
Q
Who is considered a neighbour in the context of negligence?
A
Your neighbour is anyone closely affected by your actions or omissions.
