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LAW OF TORTS Weekend Lecture 1BLecturer: Greg Younggreg.young@ Tort of Negligence - Duty of Care NEGLIGENCE AND FAULT IN TORTS NEGLIGENT TRESPASS Intentional or negligent act of D which directly causes an injury to the P or his /her property without lawful justification The Elements of Trespass: fault: intentional or negligent act injury must be direct injury may be to the P or to his/her property No lawful justification NEGLIGENT TRESPASS While trespass is always a direct tort, it is not necessarily an intentional act in every instance. It may be committed negligently Negligent trespass is an action in trespass not in negligence: Where the facts of a case permit, it is possible to frame an action in both trespass and negligence on the same facts Williams v. Molotin (1957) 97 CLR. 465. What is Negligence? It is the neglect of a legal duty It involves the three elements of duty breach; resultant damage Negligence: The Elements Negligence: The Early Cases Heaven v. Pender (1883) (Defective equipment supplied to plaintiff painter) The dicta of Brett MR: whenever one person is by circumstances placed in such a position with regard to another, that every one of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger or injury to the person or property of the other (person) a duty arises to use ordinary care and skill to avoid such danger. Donoghue v. Stevenson Ginger beer-decomposing snail-P has shock-gastroenteritis Privity of contract. Issue was whether D owed P a duty Dicta of Lord Atkin You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are closely and directly affected by my act that I ought reasonably to have them in mind to the acts or omissions NEGLIGENCE Grant v Australian Knitting Mills (