Negligence

Question 1

What are the 4 things needed to prove negligence?

Answer 1

1. There was a duty of care owed
2. There was a failure to provide adequate care
3. There was a loss or damage
4. The failure to provide reasonable care lead to the loss or damage

Question 2

Define duty of care

Answer 2

A duty of care toward others by only undertaking REASONABLE actions to protect them from unnecessary risk

Question 3

A person is negligent if:

Answer 3

1. the risk was foreseeable
2. risk was insignificant
3. a reasonable person in the same circumstance would have taken additional precautions

Question 4

What are some points of the wrongs act

Answer 4

• prevents claims for minor injuries
• caps amount paid out
• provides protection for good samaritan
• apology is not an admission of guilt