Understanding Negligence: The Complete Framework
Negligence follows a clear structure that makes it surprisingly manageable once you get the hang of it. You need to prove four key elements: duty of care, breach of duty, causation, and damages.
Duty of care is about relationships - does the defendant owe the claimant a duty not to cause harm? The neighbour principle from Donoghue v Stevenson is your starting point here. Think about whether the defendant should reasonably have had the claimant in mind when acting.
Breach of duty asks whether the defendant fell below the standard of a reasonable person (Blyth v Birmingham). However, different people are judged by different standards. Professionals get judged by professional standards (Bolam), whilst learners are still expected to meet competent standards (Nettleship v Weston). Children are judged by the standard expected of their age (Mullin v Richards).
Risk factors matter too. Courts consider things like known vulnerabilities of the claimant (Paris v Stepney), the size of the risk (Bolton v Stone), and whether practical precautions were reasonable (Latimer v AEC). Social benefit can also justify higher risks (Watt v Hertfordshire).
Causation has two parts: factual causation (would the harm have happened "but for" the defendant's actions - Barnett v Chelsea) and legal causation (was the harm too remote - Wagon Mound). Remember the thin skull rule - you take your victim as you find them (Smith v Leech Brain).
Quick Tip: Always work through negligence systematically - duty, breach, causation, then defences. This structure will keep your answers organised and ensure you don't miss anything important.
Defences can reduce or eliminate liability. Consent requires knowledge of the risk, free choice, and voluntary acceptance. Contributory negligence applies when the claimant either made their injuries worse or contributed to causing the accident.
Finally, if negligence is established, damages can include special damages (costs up to trial like medical expenses) and general damages (future losses and pain and suffering).