Negligence
Step 1 – Does D owe P a duty of care?
(Was it reasonably foreseeable that D’s conduct could injure P? NO Action fails
Was there a vulnerable relationship between D and P?
Are there any policy considerations?)
Step 2 – Was there a breach of the duty of care by D?
(Was the risk of injury to P reasonably foreseeable? NO Action fails
Was there a reasonable likelihood of injury?
Did this conduct fail to meet the required standard of care?)
Step 3 – Has P suffered damage?
(Was the damage caused by D’s breach of duty, i.e. causation? NO Action fails
Was the damage too remote – was it reasonably foreseeable?)
YES
Step 4 – Does D have any defences? NO Step 5 – What will P recover?
(D liable in full for P’s damage)
Contributory negligence
(Did P contribute to injury by failing to take reasonable care?) Voluntary assumption of risk
(Did P fully understand and accept risk?)
YES
YES
Step 5 – What will P recover? Step 5 – What will P recover?
(D’s damages reduced proportionately) (Total defence. P does not recover anything)
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