Tort of Negligence

Question 1

Donoghue v Stevenson

Answer 1

Duty of Care. Neighbor principle.

Question 2

Caparo v Dickman

Answer 2

1. Damage must be reasonable foreseeable
2. There must be sufficient proximity between parties
3. It must be fair, just and reasonable to impose a duty.

Question 3

Breach of Duty

Answer 3

•	Reasonable man
•	Risk factors
1.	Degree of risk
2.	Seriousness of harm
3.	Precautions
4.	Benefits of taking risk
5.	Special characteristics
•	Res Ipsa Loquitur

Question 4

Damage

Answer 4

• Factual causation (But for test)
• Remoteness
• Type of damage
• Extent of damage
• Egg shell skull rule

Question 5

Procedure of Negligence

Answer 5

• Pre-trial procedure (Claim form and defendants response)
• Allocation of track (Small, fast or multi)
• Burden and standard of proof
• Alternative dispute resolution
• Negotiation, mediation, conciliation and arbitration.

Question 6

Damages

Answer 6

• General damages (pecuniary or non pecuniary)
• Special damages
• Mitigation of loss
• Payment method (lump sum or structured settlement)
To prove that D is negligent you must first prove that D owe C a duty of care, secondly it must be proven that D breached that duty and thirdly that the damage C incurred was caused by that breach.