Negligence Ch24 Y1

Question 1

What are the 3 elements of negligence?

Answer 1

A duty of care is owed
That duty is breached
That breach caused the damage

Question 2

What is the neighbour principle + case

Answer 2

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour

Question 3

How is a duty of care established in a novel situation?

Answer 3

The Caparo Test

Question 4

How is a duty of care proven in a non-novel situation + case?

Answer 4

Using an analogous case
Robinson

Question 5

What are the three elements of the Caparo test

Answer 5

Was damage or harm reasonably foreseeable

Sufficiently proximate relationship

Is it fair just and reasonable to impose a duty