UNIT 2

Question 1

what are the elements of negligence

Answer 1

1. Duty of care- risk of harm foreseeable?, is a duty of care owed
2. Breach of duty of care, was ‘‘reasonable’’ care not taken by a ‘‘reasonable’’ person
3. Causation - did the breach of duty of care result in loss/harm/suffering
4. Was there significant loss/harm/suffering

Question 2

Burden of proof in a civil case

Answer 2

on the plaintiff (person pursuing the legal action)
- except when a counterclaim is issued then burden of proof is on both parties