Tort

1. Tort Large Group 2 Negligence: Duty of Care, Breach of Duty

2. Elements of the tort of negligence • Duty of care • Breach of duty • Causation of damage • Defences

3. Duty of careEstablished duty situations Existing duty - established by case law

4. Duty of careNovel duty situations Will the court find that a duty was owed?

5. Neighbour principle – Donoghue v Stevenson • You must take reasonable care to avoid activities which you can foresee as likely to injure your neighbour • Your neighbour is: anyone whom you should have in mind as likely to be affected by your activities

6. Caparo • Reasonable foresight of harm to this particular Claimant • Sufficient proximity of relationship between the Claimant and Defendant • Fair just and reasonable to impose a duty

7. Breach of dutyThe standard of care The ordinary reasonable person in the defendant’s position

8. Breach of dutyThe standard of care The defendant’s position: • Defendants exercising a special skill • Defendants lacking skill / experience

9. Breach of dutyRelevant factors Degree of risk • How likely? • How serious? Response to risk • What precautions?

10. Summary • Duty of care • Established duties • Novel duty situations • Breach of duty • Standard of care – objective Ordinary reasonable person in D’s position