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12 Cards in this Set
- Front
- Back
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What is duty of care |
A legal obligation imposed on a person in certain circumstances to take reasonable care to ensure that they do not cause another person to suffer harm |
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Elements of Negligence |
These 4 things have to occur before negligence can be shown/established: Is there a duty of care? Has there been a breach of the duty of care? Did the defendant cause damage to the plaintiff? Was the damage reasonable foreseeable? |
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Standard of Proof |
A standard to which a matter must be proven to satisfy the court that events have taken place. |
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Criminal matters |
Beyond reasonable doubt |
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Civil matters |
On the balance of probabilities |
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Standard of care |
Reasonable person - the standard of care to be expected from a reasonable person of ordinary prudence. Specialist - a person who holds themselves out to have specialist skills. Eg a surgeon would be based on that standard of care expected of another surgeon and not of those expected of a reasonable person. |
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Causation |
The harm or injury must have been caused by the breach of duty of care |
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But for test |
But for the defendents breach the harm would not have occurred. |
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common sense test |
Where the 'but for test' is too broad the courts have relied on a test of whether as a matter of common sense the defendents breach caused the plaintiffs harm. |
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Reasonably forseeable |
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Definition of negligence |
To be negligent is to fall short of a legally imposed standard of care. |
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What are the 4 elements of negligence? |
1. Was there a duty of care. 2. Was there a breach of that duty. 3. Did that breach cause damage to the plaintiff. 4. Was that damage foreseeable. |
