Intro

Question 1

Negligence intro

Answer 1

Baron Alderson described it as failing to do something which the reasonable person would do or doing something which the reasonable person would not do. Blyth V Birmingham Waterworks Co

Question 2

Can come either

Answer 2

An act or an omission and applies damage to people or property.

Question 3

Claimant must prove the defendant was negligent

Answer 3

Balance of probabilities - a court is satisfied an event occured.

Question 4

Test for establishing a negligence claim

Answer 4

1. Owe the claimant a duty of care
2. They breach the duty
3. Breach causes reasonable foreseeable