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Negligence: DoC, Claimable losses under negligence, Elements of…

- - - - Neighbour Principle: Who is my neighbour? One must take reasonable care to avoid acts/omissions which you can reasonably foresee would likely to injure your neighbour
        
        Who then in law is my neighbour? Persons who are closely/directly affected by my act that I ought to reasonably keep them in contemplation as being so affected when I am directing my mind to the acts of which I have called into action.
        
        Test
        
        Test: Foreseeability of Harm — must be able to foresee that claimant will suffer injuries/loss
        
        Test: Proximity of r/s b/w claimant and defendant — does the defendant's acts affect the claimant?
    - - Test
        
        Foreseeability of Harm & Proximity (1st limb)
        
        Policy Considerations
    - - Test
        
        1) Foreseeability
        
        2) Proximity — Sutradhar v NERC
        
        3) (policy consideration) is it fair, just, and reasonable to impose liability on the defendant? — MacFarlane v Tayside HB [1999] & Darnley v NHST (Court of Appeal)