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    Wayn Yap
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    This document outlines the 4 key elements of negligence in a business law context: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached that duty of care; (3) the breach caused harm to the plaintiff; and (4) the harm was reasonably foreseeable. It discusses important cases that established tests for determining breach of duty of care based on a reasonable person standard and increased risk requiring more care. Causation is established by showing the injury would not have occurred "but for" the negligence, and remoteness limits liability to damages not too remote from the negligent act.

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    This document outlines the 4 key elements of negligence in a business law context: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached that duty of care; (3) the breach caused harm to the plaintiff; and (4) the harm was reasonably foreseeable. It discusses important cases that established tests for determining breach of duty of care based on a reasonable person standard and increased risk requiring more care. Causation is established by showing the injury would not have occurred "but for" the negligence, and remoteness limits liability to damages not too remote from the negligent act.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    20 views3 pages

    Business Law Notes

    Uploaded by

    Wayn Yap
    This document outlines the 4 key elements of negligence in a business law context: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached that duty of care; (3) the breach caused harm to the plaintiff; and (4) the harm was reasonably foreseeable. It discusses important cases that established tests for determining breach of duty of care based on a reasonable person standard and increased risk requiring more care. Causation is established by showing the injury would not have occurred "but for" the negligence, and remoteness limits liability to damages not too remote from the negligent act.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 3

    Business law

    4 steps element of negligence

    1) The defenfant owed the plaintiff a duty of care


    2) The defendant has breached that duty of care
    3) The defendant’s act caused the plaintiff physical or mental harm or economic loss (causation)
    4) Harm suffered by the plaintiff was reasonably foreseeable (remoteness)

    Donoghue v Stevenson [1932] AC 562

    Breached of Duty of Care


    - reasonable man test - how a reasonable person would have acted in the circumstances?
    - Nettleship v Weston [1971] 2 QB 691
    - Factors affecting the standard of care: increased risk = more care needed

    Causation
    - If you can show that “but for” the negligence the injury would not have occurred .. then the
    negligence is seen to have caused the injury and causation is established.
    - Barnett v Chelsea & Kensington Hospital Management Committee [1988] 2 WLR 422

    Remoteness (link to causation)


    - Defendant is not liable for damage which the courts regard as too remote
    - Overseas Tankship (Uk) Ltd v Morts Dock and Engineering Co Ltd ( wagon mound no 1) [1961] UKPC
    2

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