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INTRODUCTION: Negligence is when there is a duty of care owed to the…
INTRODUCTION: Negligence is when there is a duty of care owed to the claimant by the defendant if they can prove that there is a duty of care, that duty of care was breached by the defendant which caused V to suffer damage.
CONDITION NUMBER 1: DUTY OF CARE, to apply a legal relationship between the defendant and claimant
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CAPARO TEST: when there's no statutory or precedent. The claimant must prove that there is a duty of care owed by..
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- Was there sufficient proximity. this includes the time and space as well as the legal relationship.
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BREACHED: Claimant must prove with the balance of probability that the defendant has breached their duty
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