Negligence Flashcards
What is harm defined as?
Injury or death, damage to property or economic loss
when does a person owe a duty of care?
- the risk was foreseeable 2. risk was significant 3. in the circumstances a reasonable person in the same situation would have attempted to mitigate the risk
What are the exceptions?
- Wavier was signed (though, the wavier is only legal if what it claims is true. If the operator has failed to maintain the equipment to the standard proposed in the wavier the operator/company is still liable)
- good samaritan - as long as they’ve acted in good faith and without payment
- a person who donates food in good faith - as long as it was safe for consumption at the time it left their possession or control
- volunteers - unless they were engaging in illegal activities
What are the three elements of negligence?
- duty is owed
- duty is breached
- damage is suffered
When does a duty arise?
• whenever a person is engaged in an act which that person can reasonably foresee would be likely to injure another person
To whom is a duty of care owed?
To those so closely and directly affected by the conduct that they ought reasonably to have them in contemplation as being affected when they undertook the conduct in question
What is the neighbour principle?
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour - ur neighbour is who you owe duty of care to :)
Which cases established the neighbour principle?
Donoghue v Stevenson and Grant v Australian Knitting Mills
What is the definition of negligence?
Failure to take reasonable care
Does an apology count as an admission of guilt
no :)
What are the defences to negligence?
- did not establish the 3 elements of negligence 2. prove duty was not owed 3. duty was not breached 4. damage was too remote 5. contributory negligence 6. act of obvious risk
