**Negligence
Definition
It is a tort involving harm caused by carelessness
3 Elements of Negligence
1. Duty of care
2. Breach of duty
3. Damage caused
The first element the Plaintiff must establish is that the Defendant owed the Plaintiff a duty of care
The third element that must be established is that the Defendant's breach of duty caused damage, injury or loss to the Plaintiff.
To breach the duty of care means that you have failed to take reasonable care to do something up to a certain standard
The 'Reasonable Man' test
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
Neighbour Test
It is often described as carelessness
The Neighbour Test answers the question "when does a duty of care arise?"
Example of Case Law under Duty of Care
Donoghue v Stevenson
**Example of Case Law under Reasonable Man Test
Roe v Minister for Health
The 'But For' Test
The 'but for' test is used to decide of the Defendant in fact caused the Plaintiff's damage
Bolton v Stone
A duty of care is a legal duty imposed on a person that requires that person to take reasonable care when performing certain acts
Example of Case Law under But For Test
Barnett v Chelsea Hospital
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