LAWS1061 Chapter Notes - Chapter 1: Product Liability, Exact Sequence
Document Summary
Negligence is comprised of three primary elements: the defendant must have owed the plaintiff a duty of care . 3. that duty must have been breached . that breach must have caused damage to the plaintiff. Since it is an action " on the case " (from the laws1052 - introducing law & justice topic), the relief available is damages . In nsw, the laws regarding the duty of care are described in the civil liability act 2002 (nsw) . Thus, to recover damages in negligence, a plaintiff must firstly establish that the defendant owed him a duty of care. A duty of care usually arises where there is: An affirmative act or omission by the defendant where it is reasonably foreseeable that the act might harm others (such as digging a ditch or throwing a stone). A commercial relationship between the parties (such as a contractual relationship or an undertaking). [4]
