Negligence RECAP

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Duty of Care...

Donoghue v Stevenson you owe a duty of care to avoid acts and omissions which you could foresee would harm your neighbour, that is, someone closely and directly affected by your actions. 

-is damage reasonably foreseeable? (Jolly v Sutton)

-is there proximity of time space or relationship? (Mc'loglin v O'Brian)

-is it fair just and reasonable to impose a duty? (Hill v CCWY)

Watson: injuries during boxing were foreseeable 

Barnes: school had a duty of care to keep all children safe 

Breach of Duty...

Blyth: being negligent is doing something a reasonable man wouldn't do, or failing to do something a reasonable man wouldn't do

Nettleship v Western: learners must show the same standard of care as someone fully qualified 

Breach Factors:

  • Probability of damage (Bolton v Stone


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