Negligence

Question 1

What are the key principles of negligence

Answer 1

• A owed a duty of care to B
• The duty of care was breached
• There was a harm or loss suffered by B
• The breach of duty of care caused the loss or damage suffered by B. (Causation)

Question 2

Who do you owe a duty of care to?

Answer 2

You owe a duty of care to someone you ought to have had in contemplation when carrying out an action.

Question 3

What is a harm or loss?

Answer 3

Harm: Injury, death, damage to property or economic loss.

The harm must not be too remote from the wrong act. There must be a link between the negligent act/omission and the injury/loss.

Question 4

When do you owe a duty of care?

Answer 4

• If the risk was foreseeable (the person knew or ought to have known about the risk)
• The risk was significant or not insignificant (not far fetched or fanciful).
• In the circumstances a reasonable person in the same position would have taken precautions to eliminate any risk or harm.