How do I answer a problem question on negligence?

Firstly, the issues in the problem question should be identified and highlighted. It helps to seperate the issues into claims, for example X v X.

Secondly, each aspect of a negligence claim should be addressed in relation to each claim. This structure should be: Duty of care owed? Has there been a breach of duty? Did that breach cause, factually and legally, the damage? Do any defences apply?

Each of these components can been broken down into the IRAQ structure; Issue, relevant law, apply to the scenario, link back to question. For each point of law, a case should be cited to support it.

For example in relation to duty of care, the issue or claim in the question should be identified and then the Caparo test should be applied, this is a three-stage test which evolved from the 'neighbour principle' established by Lord Atkin in Donoghue v Stevenson. The test established in Caparo v Dickman involves judging whether harm was a reasonably forseeable consequence of the defendant's actions, whether the defendant and claimant have a proximate relationship and whether it is fair, just and reasonable to impose a duty of care on the defendant. After applying the test to the scenario, it should be decided whether a duty of care is owed from the the defendant to the claimant.