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Flashcards in Negligence intro Deck (8)
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1

What are the four requirements for a claim in negligence?

Damage
Duty of care
Breach of duty
Causation

2

What is a duty of care?

Is the defendant in a position where they should be taking care?

3

What is vicarious liability?

Employer can be held liable for employee’s negligence?

4

What is a breach of duty?

Did D’s conduct fall below the legal standard of care?

5

What is factual causation?

If not for D’s neg, would the loss have occurred?

6

What are the two key questions regarding legal causation?

Is damage too remote?
Was it reasonably forseeable?

7

What are the three main defences to a negligence claim?

Illegality
Contributory negligence
Voluntary assumption of risk

8

What are two alternatives to neg liability?

First party insurance
No fault liability