Negligence brief summary


Definition: Behaviour falls below a certain standard (careless)

  • Certain & clearly defined durties of care formulated by Donoghue & Stevenson e.g. doctor-patient, parent-child
  • Novel situations: an unclear situation, perhaps not decided before

Example of novel situation: 2019 law exam - flying a drone using one hand when you should be using both and this leading to catastrophic consequences (hasn't happened before)

Caparo v Dickman test applied:

1. Is harm or damage reasonably foreseeable?

2. Proximity (in time and…


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