Overview
This lecture provides an in-depth overview of the tort of negligence, focusing on its key elements and the complex concept of the duty of care, particularly within the Australian legal context.
Elements of Negligence
- Negligence is a tort based on a failure to exercise reasonable care that causes harm.
- Three key elements: duty of care, breach of duty, and resulting damage.
- Not all harmful or negligent acts are actionable; a duty of care must exist.
- Damages must be more than trivial ("de minimis non curat lex").
Nature and Role of Duty of Care
- Duty of care refers to a legal obligation to avoid reasonably foreseeable harm to others.
- Duty is not owed to the whole world—only to certain classes of people (the "neighbor" principle).
- Duty of care must be established in each case, often by referencing precedents and recognized relationships.
- Duty and breach are closely linked; the facts must be considered to determine both.
Recognized Categories and Case Examples
- Established duty relationships: employer-employee, doctor-patient, motorist-road user, professional-client, and parent-child.
- Important cases: Donoghue v Stevenson ("neighbor" principle), Heaven v Pender (inviter-invitee relationship), Chapman v Hearse (duty to rescuers).
- Common scenarios: car accidents, slips and trips, workplace injuries, defective products, professional advice.
Reasonable Foreseeability and Limiting Factors
- Duty arises only where harm is reasonably foreseeable to the class of persons affected.
- Tests and controls include reasonable foreseeability, proximity (physical or circumstantial closeness), and policy considerations (Anns v Merton).
- Courts limit duty to prevent unlimited liability and "floodgates" of litigation, especially in cases involving economic or psychiatric loss.
Complicating Factors and Legal Approaches
- Proximity as a test was abandoned in Australia due to lack of clarity.
- Modern approaches: policy-based tests (Anns), three-stage tests (Caparo), incremental and salient features approaches.
- Reasonable foreseeability remains the central guiding principle.
Application and Australian Context
- Australian law shaped by both common law and state statutes (e.g., Civil Liability Act 2003, QLD).
- Focus is on Queensland law for Central Queensland University.
Key Terms & Definitions
- Negligence — failure to exercise reasonable care, resulting in harm to another.
- Duty of Care — legal obligation to avoid foreseeable harm to others.
- Breach — failure to meet the standard of care required.
- Damage — actual harm or injury suffered by the plaintiff.
- Reasonable Foreseeability — likelihood that a defendant should anticipate harm to the plaintiff.
- Proximity — closeness in relationship, space, or circumstance between parties.
- Policy Grounds — broader social, economic, or political reasons courts may consider to limit liability.
Action Items / Next Steps
- Review case law: Donoghue v Stevenson, Heaven v Pender, Anns v Merton.
- Read relevant sections of the Civil Liability Act 2003 (Queensland).
- Prepare to apply duty of care principles to hypothetical fact scenarios for the next session.