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**Negligence (3 Elements of Negligence (1. Duty of care (Neighbour Test…

- - - - The Neighbour Test answers the question "when does a duty of care arise?"
  - - - The courts decided that the standard of care to apply is an objective standard, based on what a 'reasonable man' should do
      - The 'reasonable man' is a fictitious character used by the courts to exemplify what is 'reasonable'. In deciding what is reasonable in a particular case, the courts will look at factors such as:
        
        Age: The standards expected of a child is generally lower than that expected of an adult in a similar situation
        
        Special skills: If the Defendant is doing something that requires special skills, then the standard expected of him would be that of a person with those skills
        
        General practice: If what the Defendant did was what was normally done, there may not be a breach. This is a very useful defence and is common in medical negligence cases
  - - - The 'but for' test is used to decide of the Defendant in fact caused the Plaintiff's damage