Abstract
This chapter is concerned with the general principles of the tort of negligence. The three main elements of the tort, viz, (i) duty of care, (ii) breach of duty and (iii) causation, are discussed in turn, with emphasis on Caribbean and English case law. Under ‘duty of care’, the Donoghue v Stevenson, Anns v Merton and Caparo v Dickman tests are compared. Under ‘breach of duty’, instances of the application of the ‘reasonable man’ test are examined, followed by an account of the principle res ipsa loquitur, relating to proof of negligence. Causation is then examined in two sections, the first addressing causation in fact, the second focusing on remoteness of damage, including such concepts as the ‘egg-shell skull’ principle, and novus actus interveniens. The chapter concludes with an examination of two special areas of negligence: (i) liability for negligent misstatements and other cases of economic loss and (ii) liability for psychiatric injury (‘nervous shock’).
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