Foundations of Negligence Law

📋 Course Outline

1. Definition and examples of negligence in tort law
2. Elements of negligence: duty of care, breach, and damage
3. Duty of care and the Neighbourhood Principle from Donoghue v Stevenson
4. Caparo v Dickman three-part test for establishing duty of care
5. Foreseeability in duty of care with Kent v Griffiths case
6. Proximity in duty of care including Bourhill v Young and McLoughlin v O’Brien
7. Fair, just and reasonable considerations in duty of care with Hill v CC of West Yorkshire
8. Reasonable person standard and risk factors affecting breach of duty

📖 1. Definition and examples of negligence in tort law

🔑 Key Concepts & Definitions

• Tort of Negligence : A common law civil wrong where a person's fault causes injury or damage to another person or their property.
• Negligence Proof of Fault : The requirement to establish that the person who caused the accident was at fault.

📝 Essential Points

• Negligence involves an act or failure to act due to the defendant's fault that causes injury or damage to another person or property.
• It is a common law tort primarily remedied by compensation.
• Examples include car crashes causing vehicle damage and personal injury, medical negligence, and workplace injuries.
• Proof of fault is necessary to establish negligence liability.
• Negligence is a common law tort.

💡 Key Takeaway