Negligence Elements

Question 1

Negligence Purpose

Answer 1

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

Question 2

Negligence: Duty of Care

Answer 2

1. If the risk is reasonably foreseeable, then the ‘neighbour’ principle applies.
2. Plaintiff must establish that the defendant owed them a duty of care

Question 3

Negligence: Breach

Answer 3

1. It was reasonably foreseeable that the breach would result in harm to the plaintiff.
2. The risk was not insignificant
3. A reasonable person in the same situation would have taken precautions to eliminate the risk

Question 4

Negligence: Causation

Answer 4

1. The but for test can be used to establish causation
2. There may be intervening acts that break the chain of causation