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Negligence - Structure Answer

This document outlines the steps to determine negligence in a structured legal analysis: 1. Determine if a duty of care was owed to the victim by assessing if the damages were reasonably foreseeable based on the defendant's actions. 2. Establish if there was a breach of this duty of care by applying the reasonable person test to the defendant's actions. 3. Apply the principles of foreseeability, gravity of harm, burden of risk elimination, and utility of conduct to determine if the defendant was negligent. 4. Establish legal causation between the breach and damages using the "but for" test. 5. Determine the remoteness of the damages by applying an objective test of reasonable foresee

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321 views2 pages

Negligence - Structure Answer

This document outlines the steps to determine negligence in a structured legal analysis: 1. Determine if a duty of care was owed to the victim by assessing if the damages were reasonably foreseeable based on the defendant's actions. 2. Establish if there was a breach of this duty of care by applying the reasonable person test to the defendant's actions. 3. Apply the principles of foreseeability, gravity of harm, burden of risk elimination, and utility of conduct to determine if the defendant was negligent. 4. Establish legal causation between the breach and damages using the "but for" test. 5. Determine the remoteness of the damages by applying an objective test of reasonable foresee

Uploaded by

Ollie Watts
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Negligence structured answer

Step 1: Was a duty of care owed to the victim?


- refers to the neighbour principal
- Donoghue vs Stephenson
>> was it reasonably foreseeable that the actions would affect people
closely and directly affected by the act?
/was it reasonably foreseeable that such damages would occur if
proper care was not taken?
- Wrongs Act, s48

Step 2: Was there a breach of this duty of care?


- must perform the reasonable person test
>> Did the defendant do everything that a reasonable person would do
in those circumstances to ensure the safety of the plaintiff?
- Blyth
Must consider likelihood of injury, the possibilty

Step 3: Apply the principal to the case.


- summarise principal
- apply to case
- so, they were negligent?
>> it is foreseeable (probability of risk)
>> gravity of the harm
>> burden of eliminating possible risk (expense, difficulty and
inconvenience)
>> utility of the defendant's conduct

Damages

Step 4: Causation
- were the damages caused by the breach?
Apply the but for test

Step 5: Remoteness
- even if the breach caused the subsequent damages, was it reasonably
foreseeable that it would do so?
Apply the objective test of reasonable foreseeable

Step 6: Mitigate loss (contribution)


- may reduce damages due to plaintiff's contribution

Negligence misstatement

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