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NEGLIENCE (carelessness) (3 ELEMENTS (all must be present & proved) (2…

- - - - The 'Reasonable Man' Test
        
        Based on what a 'reasonable man' should do
        
        Depends on circumstances
        
        Age
        
        Special skills
        
        General practice
        
        Magnitude of harm
      - Standard of Care
    - - P does not need to prove BOD if it is obvious that D at fault
  - - - Remoteness of Damage
        
        Damage must not be too remote
        
        Must be reasonable foreseeable
      - Novus Actus Interveniens
        
        Not hold D liable if damage caused to P resulted from a chain of event & an intervening event which broke the chain of causation
      - The 'But For' Test
        
        "Would the damage have happened BUT FOR the defendant's negligence?"
        
        Ans :red_cross: = Liable
    - - Pure economic loss (just loss of money/profit) not recoverable
  - - - Neighbour Test
      - Foreseeability
        
        a person is expected to foresee who will be affected by his actions & how will he be so affected