negligence Flashcards
ao1 and ao2 (17 cards)
duty of care
legal obligation to avoid causing harm
breach of duty
failure to meet the standards of care
causation
link between breach resulting harm
deterrence
prevention of harmful actions through legal consequences
neighbour principle
legal standards from Donoghue v Stevenson
caparo test
framework for establishing duty of care
floodgates control
limits weak claims through foreseeability and proximity
public interest protection
ensures fair limits on liability for services
objective standard
consistent measure of reasonable conduct
thin skull rule
take your victim as you find them
but for test
determines causation by asking if harm occurred
compensation act
ensures full compensation in multi defendant cases
vague standards
unclear terms like reasonableness in legal context
judicial discretion
judges interpret terms like proximity variability
negative deterrence
fear of liability may hinder beneficial actions
remoteness
limits recovery based on distant consequences
compensation gaps
victims may be upaid if fault is unproven
