Negligence

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Negligence by Mind Map: Negligence

1. STEP 1: DUTY Does D owe P a duty of care?

1.1. NO: Action fails

1.2. YES: Move on to Step 2: Breach

2. STEP 2: BREACH Was there a breach of duty by D?

2.1. NO: Action fails

2.2. YES

2.2.1. In the circumstances, would a reasonable person in D's position have taken precautions?

2.2.1.1. NO: Action fails

2.2.1.2. YES: Move on to Step 3: Damages

3. STEP 3: LOSS/DAMAGE/INJURY Has P suffered damages?

3.1. NO: Action fails

3.2. YES

3.2.1. Does D have any defense?

3.2.1.1. If not, then P recovers full amount in damages

3.2.1.2. YES: Move on to Step 4: Defences

4. STEP 4: DEFENCES

4.1. Contributory Negligence

4.1.1. YES: D's damages reduced proportionately (up to 100% under the C.L. Act)

4.2. Volens

4.2.1. YES: Total defence: P does not recover damages