NEGLIGENCE
Elements
1.	Duty of Care
2.	Standard of Care
3.	Causation & Remoteness
4.	Contributory Negligence
5.	Voluntary Assumption of Risk
6.	Civil Liability Act
Duty of care
•	In circumstances where you should be able to predict that someone else could be injured by your actions you owe that person a duty to refrain from those actions
•	When you are about to do something or not do something you owe a duty of care to any person that may be affected and whose wellbeing you should consider before you act (Donoghue v Stevenson) 
Recognised duties of care
•	Authorities – government, police
•	Builders – to clients, homeowners
•	Drivers – to passengers, road users
•	Manufacturers – to consumers
•	Advisers – to those relying on advice
•	Occupiers – to visitors, tenants
Standard of Care
Your actions will fail to meet the standard of care and breach your duty of care to your neighbour if the risk of injury was reasonably foreseeable, not insignificant, and you failed to take reasonable precautions (Civil Liability Acts).
The court asks what precautions would the ordinary, reasonable and prudent person take (see Paris v Stepney Borough Council).
Causation
•	The losses incurred must actually be caused by the negligent act
•	The ‘but for’ test: If the negligent act had never happened would the plaintiff have suffered a loss? (Cork v Kirby MacLean)
Remoteness
The damage must not only be a direct consequence of the negligent act, but must have also been reasonably foreseeable (Overseas Tankship (UK) Ltd v The Miller Steamship Co Pty Ltd
Voluntary Assumption of Risk
•	We cannot blame or sue others for injuries sustained where we have understood and accepted the risks involved
•	Voluntary assumption of risk is a complete defence to an action in negligence
Contributory Negligence
Where a person is also careless regarding their own safety the court will apportion the negligence between the plaintiff and the defendant and award damages accordingly (Imbree v McNeilly)
Negligent Misstatement
People providing information such as professional advisers and information officers owe a duty of care to those they advise to avoid making careless statements that cause harm
Civil Liability Act
•	Claims for personal injuries under the common law of negligence have now been limited by the Civil Liability Acts
•	This legislation promotes personal responsibility
•	The Civil Liability Acts place a statutory cap on general damages for claims for personal injury and death only of around $400,000-$500,000