Short form Negligence Flashcards
1
Q
What is the first point of Negligence? and what is the test?
A
was there a duty of care? “was it foreseeable if the def did wrong the claimant would be injured? “
2
Q
What is the 2nd part of negligence and test?
A
Proximity - “was there closeness between the claimant and def”
3
Q
What is the 3rd point after proximity in negligence?
A
Is it fair, just, and reasonable for there to be a duty of care?
4
Q
4th point of negligence?
A
Breach - “did the def act as a reasonable man?”
5
Q
what will the court look at in deciding if in breach in negligence?
A
Foreseeability and likelihood of harm.
6
Q
what is the 5th and final point of negligence?
A
Remoteness - was the injury foreseeable from the breach
7
Q
How many points in Negligence?
A
5
