Negligence is a failure to exercise the care that is reasonable in the circumstances. This lesson introduces negligence as a tort and explains the elements a claimant generally needs to establish, with a focus on the duty of care.
A negligence claim concerns harm caused when someone fails to meet a legal duty to take reasonable care. The conduct may be an action or a failure to act where the law requires action. The harm might involve physical injury, property damage, psychiatric illness, or economic loss.
All flashcards
What is a duty of care?
A responsibility recognized by law to take reasonable care for another person's safety or interests.
What principle did Donoghue v Stevenson help establish?
A duty to take care toward people closely and directly affected by one's acts or omissions whom one ought reasonably to consider.
How is breach of duty generally assessed?
By comparing the defendant's conduct with the care required in the circumstances, including what a reasonable person would have recognized.
What is the difference between factual and legal causation?
Factual causation asks whether conduct caused the harm; legal causation asks whether the connection is sufficient for liability.
What does the eggshell skull rule provide?
A liable defendant may be responsible for the full extent of harm caused, even when the claimant's unusual vulnerability made it more severe.
Quiz questions
Which three considerations guide the Caparo approach to recognizing a duty of care in England?Answer: Foreseeability, proximity, and whether imposing a duty is fair, just, and reasonable.
How did the court assess the child defendant's standard of care in McHale v Watson?Answer: Against a child of similar age, experience, and intelligence.
What does Bolton v Stone illustrate about foreseeable risk and breach?Answer: A very unlikely risk does not necessarily make conduct negligent.
Under the traditional res ipsa loquitur approach, which circumstance can support an inference of negligence?Answer: The incident ordinarily would not happen without negligence.
Under Montgomery v Lanarkshire Health Board, what must doctors do concerning treatment risks?Answer: Ensure patients know material risks and, where relevant, reasonable alternatives.
Based on the Wikipedia article Negligence, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.