Negligence

• What is the term used for failure to take proper care in doing something?

  Negligence
• What are the three principles of negligence?

  • Duty of care
  • Breach of duty
  • Damage
• What is the first principle of negligence?

  Duty of care
• What case established the concept of duty of care?

  Caparo v Dickman
• What are the factors considered in establishing duty of care?

  Foreseeability, proximity, and fairness
• What does the case of Robinson & Co v Wyeth illustrate about duty of care?

  The court doesn't need to use Caparo's standard
• What is the second principle of negligence?

  Breach of duty
• What is the standard of care in negligence cases?

  Objective standard of care
• What is the third principle of negligence?

  Damage
• What must be proven to establish causation in negligence?

  But for the defendant's actions
• What does the case of Smith & Leech illustrate about causation?

  Legal causation must not be 100% linked
• What is the term for the harm suffered by the plaintiff in negligence cases?

  Damage
• What is the significance of the case of Parit v Stephen Borough Council?

  It discusses the standard of care required
• What is the relationship between breach of duty and damage?

  Breach must cause damage to be actionable
• What does the term "causation" refer to in negligence law?

  The link between breach and damage
• What is the legal test for causation in negligence?

  But for test
• What does "thin skull" rule mean in negligence cases?

  Defendant is liable for all damages
• What is the term for damages that are not directly caused by the breach?

  Special damages
• What is the purpose of establishing negligence in a legal context?

  To hold parties accountable for harm