Introduction to Tort and Negligence Law
Who is your neighbour? persons who are so closely or directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’ The neighbour test has two elements: First element: People owe a duty to take reasonable care not to injure their ‘neighbours’ Who is your neighbour? ‘…persons who are so closely or directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.’ Second element: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. This means you must take reasonable care to ensure you do not cause reasonably foreseeable harm that you may likely cause to your neighbour if you are negligent or careless!! Confused? Ask yourselves these two questions: