Cambridge Syllabus Notes

4. Law of Tort – The Tort of Negligence ⚖️

What is Negligence?

Negligence is when someone fails to act with the care that a reasonable person would use, causing injury or loss to another. Think of it like forgetting to put a seatbelt on a car – you’re not following the safe rule, and someone could get hurt.

Key Elements of Negligence 🚗

Element	What It Means
Duty of Care	The defendant must owe a duty to the claimant to act reasonably.
Breach	The defendant failed to meet that duty.
Causation	The breach caused the claimant’s loss.
Damages	Actual loss or injury suffered by the claimant.

How to Test for Negligence 🧩

Did the defendant owe a duty of care to the claimant?
Was that duty breached?
Did the breach cause the claimant’s loss?
Did the claimant suffer actual damages?

Exam Tip: Remember the four-step test – Duty, Breach, Causation, Damage. Use the acronym D.B.C.D. to keep it straight.

Common Examples for 15‑Year‑Olds 🎒

🚶‍♂️ Slip and Fall – A school hallway with a wet floor. The school owes a duty to keep the floor dry.
🚗 Car Accident – A driver runs a red light. The driver breached the duty to obey traffic laws.
🏥 Medical Negligence – A nurse forgets to check a patient’s allergy before giving medicine.

Defences to Negligence ⚔️

Contributory Negligence – The claimant also acted carelessly.
Assumption of Risk – The claimant knowingly accepted the danger.
Statutory Authority – The defendant was following a law that gave them permission to act as they did.

Exam Tip: When you see a defence mentioned, check if it applies by asking:

Did the claimant do something that contributed to the harm?
Did they know the risk and choose to take it?
Was the defendant following a law or regulation?

Quick Summary for Revision 📚

Aspect	Key Point
Duty	Who owes care? (e.g., drivers, schools, doctors)
Breach	Did they act less carefully than a reasonable person?
Causation	Did the breach directly lead to the injury?
Damage	What was lost? (medical costs, pain, etc.)

Final Exam Tip: Always structure your answer with the four elements and then discuss any defences. Use clear headings and bullet points to show your reasoning.

The tort of negligence