Tort - Negligence - Duty Of Care

Front 1

Introduction to the tort of negligence

Back 1

Negligence emerged in the 19th/20th Centuries, evolving from a number of diverse forms of action.

Covers many different forms of behaviour and rights.

The connecting feature is that a defendant has failed to exercise the level of care which the law deems he owes to the plaintiff.

Unusual in the common law: general principle (duty of care) formed basis of law, not individual precedents.

However, now the approach is often quite common law based: looking to cases for principles.

Front 2

Elements of negligence

Back 2

a. Duty of care;
b. Breach of duty;
c. Damage;
d. Causation;
e. Lack of defence.

Front 3

Duty of care

Back 3

Legal liability of a defendant to a plaintiff is based on the defendant’s failure to fulfil an obligation or duty.

In negligence, this obligation is termed the “duty of care”.

“Duty” and “liability” should not be confused: the former is one element of the latter.

Note that there are two elements to the duty of care: proximity (closeness between Pl and Def in time, space, relationship, etc.) and reasonable foreseeability (the Def must be able to reasonably foresee damage to the Pl).