Negligence Law Flashcards

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Negligence

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Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

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Elements of negligence

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Duty of care, breach of duty, causation, and damage.

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Duty of care

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A legal obligation to avoid causing harm that is foreseeable.

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Breach of duty

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A breach of duty occurs when one fails to meet the standard of care required by law.

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Causation in negligence law

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Causation involves proving that the breach of duty caused the damage or injury.

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Damage in negligence law

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Damage refers to the actual harm or injury suffered by the claimant.

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Reasonable person standard

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It is a legal standard used to determine if someone acted with the care and caution expected of a reasonable person in similar circumstances.

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Foreseeability in negligence law

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Foreseeability refers to the ability to see or know in advance that harm or injury could result from certain actions or omissions.

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Contributory negligence

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Contributory negligence is a defence where the claimant is found to have contributed to their own harm.

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Res ipsa loquitur

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'Res ipsa loquitur' is a doctrine meaning 'the thing speaks for itself', often used when the cause of harm is obvious.