Flashcards: Foundations of Negligence Law — 16 cartões

Negligence — definition?

A tort where fault causes injury or damage.

Elements of negligence?

Duty of care, breach, and damage.

Duty of care — concept?

Legal obligation to avoid foreseeable harm.

Neighbourhood Principle — origin?

Donoghue v Stevenson (1932).

Caparo test — components?

Foreseeability, proximity, fair, just, and reasonable.

Foreseeability — case example?

Kent v Griffiths; ambulance delay foreseeable harm.

Proximity — key cases?

Bourhill v Young and McLoughlin v O’Brien.

Fair, just, reasonable — purpose?

To balance societal interests and liability limits.

Reasonable person — standard?

A hypothetical person acting with ordinary prudence.

Risk factors — include?

Magnitude, defendant’s characteristics, precautions, benefits.

Negligence — proof required?

All three elements: duty, breach, damage.

Donoghue v Stevenson — significance?

Established duty of care and neighbour principle.

Caparo — purpose?

To determine duty when no precedent exists.

Proximity — importance?

Essential for establishing duty of care.

Fair, just, reasonable — role?

Public policy consideration in duty imposition.

Breach — judged by?

Reasonable person standard and risk factors.