Liability in negligence

5 flashcards · Law · by momo

1. Negligence

   To owe a duty of care caused by harm or carelessness; failure to meet a particular standard

2. What must courts be careful of when deciding cases?

   Not to open the floodgates - a balance must be found, limiting the risk of exposing defendants to a liability in an indeterminate amount for an indeterminate time to an indeterminate class

3. What four elements are needed to prove negligence?

   1. Duty of Care (DOC) 2. Breach of duty (BOD) 3. Causation element 4. Remoteness of harm

4. What leading case in negligence did these four elements arise from?

   Donoghue v Stevenson

5. Duty of Care (DOC)

   owed by the defendant. courts must ask is it reasonable to impose a DOC in light of the circumstances