Negligence intro Flashcards
1
Q
What are the four requirements for a claim in negligence?
A
Damage
Duty of care
Breach of duty
Causation
2
Q
What is a duty of care?
A
Is the defendant in a position where they should be taking care?
3
Q
What is vicarious liability?
A
Employer can be held liable for employee’s negligence?
4
Q
What is a breach of duty?
A
Did D’s conduct fall below the legal standard of care?
5
Q
What is factual causation?
A
If not for D’s neg, would the loss have occurred?
6
Q
What are the two key questions regarding legal causation?
A
Is damage too remote?
Was it reasonably forseeable?
7
Q
What are the three main defences to a negligence claim?
A
Illegality
Contributory negligence
Voluntary assumption of risk
8
Q
What are two alternatives to neg liability?
A
First party insurance
No fault liability
