Solutions/Law
LawLevel: Intermediate

Tort Law Negligence: The Modern Duty of Care & Causation Framework

Reviewed by Julian Sterling, LL.M. (Oxon).
Free Educational Resource
Problem Statement / Assignment Scope

Analyze the modern legal framework governing the tort of negligence, tracing the evolution from the neighbor principle to contemporary statutory standards.

Prerequisites: Introduction to Tort Law, duty concepts, and standard of care.

Step-by-Step Worked Solution

1. Elements of the Tort of Negligence

  1. Duty of Care: The neighbor principle established in Donoghue v Stevenson [1932], updated in the UK by Robinson v Chief Constable of West Yorkshire [2018] (applying established categories).
  2. Breach of Duty: Failure to reach the standard of the reasonable person (Blyth v Birmingham Waterworks (1856)).
  3. Causation in Fact: Established via the 'but-for' test (Barnett v Chelsea & Kensington Hospital [1969]).
  4. Remoteness of Damage: Loss must be reasonably foreseeable and not too remote (The Wagon Mound (No 1) [1961]).

Key Takeaways & Core Principles

  • Negligence requires proving all 4 elements: Duty, Breach, Causation, and Remoteness.
  • The standard of care is objective: that of the reasonable prudent person in the defendant's position.
  • Novus actus interveniens (intervening act) can break the chain of factual causation.

Frequently Asked Questions

How does professional negligence differ from ordinary negligence?

Professional negligence is judged by the standard of a reasonably competent professional in that field under the *Bolam* test, modified by *Bolitho*.

Academic References & Standards

  • [1]Rogers, W. V. H. (2020). Winfield and Jolowicz on Tort. Sweet & Maxwell. Source Link
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