Tort

Question 1

General Neg: step 1

Answer 1

Defendant owes a duty of care (Caparo Dickman)

Question 2

General Neg: step 2

Answer 2

D breached duty of care - reasonable persons test

Question 3

General Neg: step 3

Answer 3

D has caused loss to the claimant - ‘but for’ (Wagon Mound or McWilliams v Arrol)

Question 4

General Neg: breached duty of care - objective test

Answer 4

Nettleship v Weston - measured against standard of reasonable person