Lesson 5: Negligence elements

Question 1

Purpose of negligence

Answer 1

requires individuals who owe a duty of care to another person to prevent foreseeable harm from occurring.

Question 2

What are the four elements of negligence?

Answer 2

Defendant owed the plaintiff a duty of care
defendant breached their duty of care
the defendants breach caused harm or loss to the plaintiff
the plaintiff suffered harm or loss.

Question 3

Duty of care

Answer 3

The legal obligation to be cautious or careful, keeping other people in mind when doing anything that could harm them

Question 4

Neighbour

Answer 4

the relationship between two parties who are directly impacted by each others actions or omissions

Question 5

settled law

Answer 5

Certain relationships whereby the law has enshrined that a duty of care relationship exists

Question 6

Novel situation

Answer 6

here is no settled law and so the duty of care is arguable based on the circumstances

Question 7

Breach

Answer 7

When a person fails to do what a reasonable person would have done in the same situation

Question 8

Causation (negligence)

Answer 8

The plaintiff must prove that the defendants breach was a necessary condition of their loss or harm

Question 9

Loss (negligence)

Answer 9

The plaintiff can only seek a legal remedy if they can prove that they have suffered injury, loss of damage, personal injury, pain and suffering exc.