Negligence
by Ben Bohmfalk
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