ABSTRACT
This chapter begins with an overview of the tort of negligence, setting out the elements a claimant must establish for a successful claim: duty of care; breach of duty; and causation of damage. It then outlines the principles for the first of those elements: duty of care. It lists a range of established duty situations, contrasting these with novel duty situations in which a duty of care has not been previously established. It then outlines the factors to be considered by the court when deciding whether or not a duty of care is owed in a novel duty situation. These are the factors of foreseeability and proximity, and whether it would be fair, just and reasonable to impose a duty of care.
