Lecture 7. Negligence
Tort: Tortious liability arises from a breach of duty fixed by law; this duty is owed to persons
generally and its breach is redressable by an action for unliquidated damages. (Winfield)
Civil wrong
Automatically imposes certain duties on individuals in the context of civil law (No choice)
Breaching the duties – If the essential elements of the tort are met, then the defendant will
have to pay liquidated damage (financial compensation) awarded by the court
Negligence has developed as a specific tort tending to overshadow all other torts
o Negligence = careless behaviour
Duty of care: A person undertaking an activity or course of behaviour owes a duty not to harm any
person reasonably expected to be caused loss/damage as a result
Law of negligence
Compensate victims of harm caused by others
Deter carelessness
Fair and just response to infliction of harm
Device for distributing loss/spread financial cost of harm caused by carelessness
Making the defendant accountable for fault
Most common tort claims
Elements of negligence
- To establish a successful claim in negligence – the claimant must establish 3 elements
1. The defendant must owe the claimant a duty of care
o Donoghue v Stevenson (1932) – Negligence was first established as a separate tort
Tort: Tortious liability arises from a breach of duty fixed by law; this duty is owed to persons
generally and its breach is redressable by an action for unliquidated damages. (Winfield)
Civil wrong
Automatically imposes certain duties on individuals in the context of civil law (No choice)
Breaching the duties – If the essential elements of the tort are met, then the defendant will
have to pay liquidated damage (financial compensation) awarded by the court
Negligence has developed as a specific tort tending to overshadow all other torts
o Negligence = careless behaviour
Duty of care: A person undertaking an activity or course of behaviour owes a duty not to harm any
person reasonably expected to be caused loss/damage as a result
Law of negligence
Compensate victims of harm caused by others
Deter carelessness
Fair and just response to infliction of harm
Device for distributing loss/spread financial cost of harm caused by carelessness
Making the defendant accountable for fault
Most common tort claims
Elements of negligence
- To establish a successful claim in negligence – the claimant must establish 3 elements
1. The defendant must owe the claimant a duty of care
o Donoghue v Stevenson (1932) – Negligence was first established as a separate tort
