Explanation of negligence concept map 1. Tort Tort means civil wrongs, that is where one person is harmed by the actions of another (not arising from contract). Return 2. Definition Negligence means the failure of a person to take care which leads to injury (or pure economic loss) to another. Return 3. Elements To successfully lodge a claim of negligence against another party, three elements must be proven. Duty of care (two stage test): Reasonable foreseeability Proximity Breach of duty Reasonable person test (special skills) Negligence calculus • likelihood of injury • gravity of injury • effort required to remove the risk. Damage Causation - 'But for test' Remoteness Return 4. Defences Someone who has to defend a negligence claim can argue that the plaintiff contributed to their won injury (contributory negligence) or that they were dully aware of all the risks involved in their actions. Return 5. Vicarious liability An employee sued for negligence when their employer is responsible for injuring another party.