Intro to negligence

Cards (7)

  • what is negligence?
    The failure to exercise reasonable care that results in physical damage, psychiatric injury or economic loss to others.
  • in the context of negligence, what is meant by physical damage?
    Death, personal injury, damage to property
  • what are the three elements needed to for a negligence claim?
    Duty of care, the duty of care was breached, there was a causational link between the breach of duty and resulting death
  • Who is the burden of proof on, in the context of negligence?
    The claimant
  • What is the first element of Negligence
    A duty of care was present
  • What is the second element to negligence?
    The duty of care was breached
  • What is the thrid element to negligence ?
    There was a causational link between the damage caused and the breach of duty