Tort 2 - Negligence and Duty of Care

Question 1

What are the elements of negligence?

Answer 1

1. Duty of care
2. Breach of duty
3. Causation
4. Remoteness

Question 2

What examples are given by case law where a duty of care exists?

Answer 2

1. Doctor and patient
2. Teacher and student
3. Parent and child
4. Solicitor and client
5. Employer and employee
6. Manufacturer and consumer

Question 3

What is a novel duty situation?

Answer 3

No previous case law or authority to determine if there is a duty of care

Question 4

What are the three criteria to establish if a duty of care exists?

Answer 4

1. Foreseeability - risk of harm to claimant
2. Proximity
3. Fair, just and reasonable to impose DoC

Question 5

What are the exceptions to the rule of omissions to act?

Answer 5

1. Special relationship
2. Control
3. Liability for actions of third party under defendants control e.g. parent liable for child causing harm
4. Rescue situations

Question 6

What is the duty of care in rescue situations?

Answer 6

If a person gets involved in a rescue mission - limited duty to not make the situation worse

Question 7

Explain the scope of duty of care

Answer 7

Damages not recoverable if harm suffered not in defendants scope of duty of care