Practice question · Match the pairs
Match each element of the negligent offence to what it requires.
- Internal duty of care
- External duty of care
- Result
- Objective imputation
- To notice the danger that the situation presents
- To behave in the way that noticing the danger requires
- The result must be the realisation of the very risk the breach created
- The harm the offence describes must actually have occurred
Hints
- Two of the four are halves of a single duty.
- The last pair is the requirement carried over from the previous lesson.
Show the answer
- Internal duty of care → To notice the danger that the situation presents
- External duty of care → To behave in the way that noticing the danger requires
- Result → The harm the offence describes must actually have occurred
- Objective imputation → The result must be the realisation of the very risk the breach created
Why
The fourth element is why negligence is not simply carelessness plus bad luck. A driver who was texting and hits a pedestrian who ran out where nobody could have stopped has breached the duty and caused nothing imputable: the risk that materialised was not the one the texting created.
Practise Negligence and Omission
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