Tort law - 4.2 liability in negligence.

Question 1

what is negligence?

Answer 1

• failing to do something which the reasonable person
  would do or doing something the reasonable person would not do

Question 2

what are the three elements of negligence for individuals/company to be liable?

Answer 2

• 1) duty of care of D to claimant.
• 2) the duty of care was breached (showing fault)
• 3) the breach caused damage ( the damage was done by D)

Question 3

what is pecuniary and non pecuniary damages?

Answer 3

• Pecuniary: cost can be calculated – loss of earnings.
• Non-pecuniary: damages that are not monetary compensation.

Question 4

how to establish duty of care?

Answer 4

• To establish DOC – prove LEGAL RELATIONSHIP between claimant and D.
• LORD ATKINS NEIGHBOURS PRINCCIPLE – came from Donoghue v Stevenson:
• Ginger beer contained dead snail; she suffered both physical and mental injuries
  • Court decided all manufactures owed consumers of their product a duty of care.
• Negligence principle:
  ‘You must take reasonable care to avoid acts or omissions which you can reasonably foresee would
  be likely to injure your neighbour’
• Neighbour = persons who are closely and directly affected by D acts or omission.

Question 5

how to establish caparo test?

Answer 5

CAPARO TEST:
3 STAGES TEST OF CAPARO – ‘tripartite test.

1) Was damage or harm reasonably foreseeable?

2) Was /is there a sufficiently proximate relationship between Claimant and the defendant?

3) Is it fair, just and reasonable to impose a duty of care?

• police deterred from profession, floodgate.