Elements of negligence

Which judge laid down the neighbour principle?

• Lord Denning

• Lady Hale

• Lord Neuberger

• Lord Atkin

Which of these is NOT an element required to establish negligence?

• Duty of Care

• Breach of Duty

• Doctrine of responsibility

• Damage caused by breach

Proximity means

• Closeness in time, space or relationship or causality

• Balance between claimant and defendant

A person is only responsible for the harm that was foreseeably caused by their actions, and not for all the harm that resulted from the act.

• True
• False

Jake, a council employee working in a manhole, forgets to replace the cover over the street. No one falls in. A negligence action cannot be brought against Jake because this element of negligence is missing:

• duty of care

• damage caused by breach

• breach of duty of care

The standard of proof to establish a negligence action is:

• Beyond reasonable doubt

• On the balance of probabilities

• Beyond reasonable probability

Which of the following have a duty to another person?

• all of these

• a driver to other drivers

• a parent to a child

• a restaurant owner to a customer

The Donoghue v Stevenson case is relevant to which element of negligence?

• Duty of Care

• Breach of duty of care

• Damage caused by breach

A person is only responsible for the harm that was foreseeably caused by their actions, and not for all the harm that resulted from the act.

• True
• False

Which section of the Civil Liability Act 2003 (Qld) codifies the 2nd element of negligence: breach of duty

• 8

• 9

• 10

• 11