Everything else in negligence — causation, remoteness, defences — only matters once these foundations are in place. This chapter sets out the four elements of a negligence claim and how courts establish a duty of care, distinguishing settled categories from novel situations that call for the three-stage Caparo test of foreseeability, proximity and what is fair, just and reasonable. It then examines the general rule against liability for omissions and the exceptions, including created dangers, assumed responsibility, the position of the police and duties owed to rescuers. Finally, it works through the standard of care expected of learners, specialists and children, the factors courts weigh when assessing breach, and the limited evidential help that res ipsa loquitur can provide.
