Negligence 2.0

Question 1

Exceptions to the duty of care

Answer 1

Waivers: if you are doing something risky, you might be asked to sign a waiver which will waive your rights and accept responsibility for injuries.

Good Samaritan: If you’re trying to help someone in an emergency, you’re exempt from legal liability as long as you act in good faith, within your competence and without payment.

Question 2

Breaches of duty of care(standard of care)

Answer 2

A breach of duty of care occurs when a person does not take all the care they should. The duty is breached when a defendant fails to do what a responsible person would. This will vary from case to case and the court considers:

• The likely risk of harm
• The likely seriousness of harm
• The burden of taking precautions to avoid the risk of harm
• The social utility(benefit or worth) of the activity that creates the risk of harm.

Question 3

What is Causation in negligence

Answer 3

To succeed under the claim of negligence, the breach of duty of care caused the harm/loss and this wouldn’t have happened without the breach of duty of care. There must be a chain between the plaintiff and the defendant.

Question 4

Contributory negligence

Answer 4

When the plaintiff contributes to their own harm/loss.

Question 5

Assumption of risk

Answer 5

The defendant accepts the likelihood of risk voluntarily, and the defendant must prove the plaintiff was aware of these risks.