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Negligence wk5-6 - Coggle Diagram
Negligence wk5-6
:warning:Negligence
Civil wrong
Allowed the injured plaintiff to claimed compensation
It is a tort which breach the duty of care towards others
Involves careless conduct causing harm to others
:warning:Three Elements
Breach of duty
Duty of care is owned by D to act with P
Damage P suffered from direct result of D' s breach
:warning:Element 1 Duty of care
Neighbor test (there must be a neighbor)
reasonable people test (the harm is foreseeable to any reasonable people)
Element 3 Damages
causation test
scope of liability/remoteness test
Element 2 Breach of duty
weighting test
how serious
what reasonable steps to reduce the likehood of harm
how likely