ABSTRACT

The general standard of care in negligence is that of bonus pater familias.1 Most categories of tort are subject to regimes based on a combination of strict liability and fault, depending on the circumstances of the case and particularly the category of plaintiff. In cases where, for the performance of a particular task, a special skill is required, undertaking that task without the necessary skill provides the basis for liability. In such a case, the defendant will be presumed to have been negligent in having undertaken a task for which he lacks the necessary skill, and no further proof of negligence is required.2 Particular types of harm include the following characteristics:

• Road traffic accidents are governed by negligence for which fault on the part of the defendant must be established.3