JSB171 Lecture Notes - Lecture 1: Susan Crennan, National Coal Board, Susan Kiefel
Document Summary
The action of negligence has three elements: Duty does a owe b a duty of care? (question of law) Breach has a breached the legally determined standard of care? (question of law and fact) Damage is the third element which we will be talking about today. In negligence, there must be damage in order to be actionable. This damage must be proved and linked by causation to the defendant. If the plaintiff cannot prove that the defendant is at fault then the plaintiff"s action will fail. Kenny is injured when he is hit by a new years eve rocket. At the time, many people were firing rockets in the area, including kyle. The answer is no, because kenny could not prove the kyle caused the damage. This means it is a question of law. Psychiatric injury (nervous shock) a medically recognised psychiatric illness.
