2021 02 04 Module 3

Negligence law hinges on establishing a duty of care and proving a subsequent breach. Duty of care requires reasonable foreseeability and proximity, with analysis intensity varying based on the type of damage suffered; physical injury or property damage typically relies on the Donoghue v Stevenson neighbor principle, while nervous shock and pure economic loss necessitate stricter proximity assessments. Breach of duty is measured against the objective standard of a reasonable person, though specific standards apply to professionals and minors. For drivers, the standard is that of a competent and experienced driver, as established in Nettleship v Weston. Proving breach often utilizes evidentiary aids like Section 62 of the Evidence Ordinance, which allows criminal convictions to serve as evidence, and the doctrine of res ipsa loquitur, which infers negligence when an accident occurs that typically requires a lack of proper care.