7 Questions
What is negligence in modern law?
An important tort
What is the definition of negligence?
A legal obligation to take care
What does negligence protect against?
Personal injury, damage to property, and economic loss
What are the three elements of the tort of negligence?
Duty of care, breach of duty, and damage to the claimant
Who owes a duty of care to others?
The driver of a vehicle, occupier of premises, manufacturer of goods, and employer
What is the first question in any action for negligence?
Whether the defendant owed a duty of care to the claimant
What is the foreseeability test?
A test to determine if the defendant owed a duty of care to the claimant
Study Notes
- Negligence is an important tort in modern law.
- Negligence is defined as the breach of a legal duty to take care that results in damage to the claimant.
- Negligence protects against personal injury, damage to property, and economic loss.
- The three elements of the tort are duty of care, breach of duty, and damage to the claimant.
- A duty of care is a legal concept that dictates the circumstances in which one party will be liable to another in negligence.
- The law restricts its protection to those in which a duty of care was owed.
- The driver of a vehicle, occupier of premises, manufacturer of goods, and employer owe a duty of care to others.
- The first question in any action for negligence is whether the defendant owed a duty of care to the claimant.
- A duty of care will be owed wherever it is foreseeable that the claimant will be harmed if the defendant does not exercise due care.
- The foreseeability test was laid down by Lord Atkin in Donoghue v Stevenson and is known as the “neighbour principle”.
Test your knowledge of negligence, an important tort in modern law that protects against personal injury, damage to property, and economic loss. In this quiz, you'll learn about the three elements of the tort, including duty of care, breach of duty, and damage to the claimant. Discover who owes a duty of care, the circumstances in which one party will be liable to another in negligence, and the famous "neighbour principle" laid down by Lord Atkin in Donoghue v Stevenson.
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