2021 02 09 Module 3

Negligence law requires proving duty, breach, causation, and damage, with the burden of proof primarily on the plaintiff. Breach is determined by the standard of a reasonable person or professional, as established in cases like *Glasgow and Muir* and *Wong and JSM*. Causation necessitates satisfying the "but-for" test, while *Novus Actus Interveniens* addresses intervening events that break the chain of causation, such as in *Knightley and Johns*. Defenses include *Volenti non fit injuria*, illegality, and contributory negligence. The "thin skull rule," exemplified by *Smith and Leach Brain*, mandates that defendants take victims as they find them, reinforcing that the primary function of tort law is compensation. Statutory frameworks, including Section 62 of the Evidence Ordinance and Section 12 of the Motor Vehicle Insurer's Third Party Risks Ordinance, provide critical evidentiary and liability protections for claimants.