Negligence structured answer

Step 1: Was a duty of care owed to the victim?

- refers to the neighbour principal
- Donoghue vs Stephenson
>> was it reasonably foreseeable that the actions would affect people
closely and directly affected by the act?
/was it reasonably foreseeable that such damages would occur if
proper care was not taken?
- Wrongs Act, s48

Step 2: Was there a breach of this duty of care?

- must perform the reasonable person test
>> Did the defendant do everything that a reasonable person would do
in those circumstances to ensure the safety of the plaintiff?
- Blyth
Must consider likelihood of injury, the possibilty

Step 3: Apply the principal to the case.

- summarise principal
- apply to case
- so, they were negligent?
>> it is foreseeable (probability of risk)
>> gravity of the harm
>> burden of eliminating possible risk (expense, difficulty and
inconvenience)
>> utility of the defendant's conduct

Damages

Step 4: Causation
- were the damages caused by the breach?
Apply the but for test

Step 5: Remoteness
- even if the breach caused the subsequent damages, was it reasonably
foreseeable that it would do so?
Apply the objective test of reasonable foreseeable

Step 6: Mitigate loss (contribution)

- may reduce damages due to plaintiff's contribution

Negligence misstatement