Law of Negligence: Definition and Elements

Definition of Negligence

• Negligence is a tort that involves a breach of a duty of care, resulting in damage or injury to another person.

Elements of Negligence

1. Duty of Care: The defendant must have a legal duty to take care of the plaintiff.
2. Breach of Duty: The defendant must have failed to meet the required standard of care.
3. Causation: The breach of duty must have caused the plaintiff's harm.
4. Damages: The plaintiff must have suffered actual harm or damage.

Duty of Care

• The duty of care arises when there is a reasonable foreseeability of harm to the plaintiff.
• The test for determining the duty of care is:
  • Was the harm to the plaintiff reasonably foreseeable?
  • Was there a relationship of proximity between the defendant and the plaintiff?
  • Would a reasonable person have taken steps to prevent the harm?

Standard of Care

• The standard of care is the level of care that a reasonable person would take in the same circumstances.
• The standard of care may vary depending on the circumstances, such as:
  • Professional negligence (e.g. doctor, lawyer)
  • Skilled activities (e.g. driving, sports)

Breach of Duty

• A breach of duty occurs when the defendant fails to meet the standard of care.
• The breach may be:
  • An act (e.g. doing something that causes harm)
  • An omission (e.g. failing to do something that could have prevented harm)

Causation

• Causation requires that the breach of duty be the cause of the plaintiff's harm.
• The "but for" test is used to determine causation:
  • Would the harm have occurred but for the breach of duty?

Damages

• Damages are the losses or harm suffered by the plaintiff.
• Damages may be:
  • Physical harm (e.g. personal injury)
  • Emotional harm (e.g. psychological distress)
  • Economic harm (e.g. financial loss)

Definition of Neglegence

• Negligence is a tort that involves a breach of a duty of care, resulting in damage or injury to another person.

Elements of Negligence

• 4 essential elements: duty of care, breach of duty, causation, and damages.

Duty of Care

• Arises when there is a reasonable foreseeability of harm to the plaintiff.
• Tested by:
  • Was the harm to the plaintiff reasonably foreseeable?
  • Was there a relationship of proximity between the defendant and the plaintiff?
  • Would a reasonable person have taken steps to prevent the harm?

Standard of Care

• Level of care that a reasonable person would take in the same circumstances.
• Varies depending on the circumstances (e.g. professional negligence, skilled activities).
• Applied to determine if the defendant's actions met the required standard.

Breach of Duty

• Occurs when the defendant fails to meet the standard of care.
• Can be an act (e.g. doing something that causes harm) or an omission (e.g. failing to do something that could have prevented harm).

Causation

• Requires that the breach of duty be the cause of the plaintiff's harm.
• Tested by the "but for" test:
  • Would the harm have occurred but for the breach of duty?

Damages

• Losses or harm suffered by the plaintiff.
• Can be physical (e.g. personal injury), emotional (e.g. psychological distress), or economic (e.g. financial loss).