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
- Probability of damage (Bolton v Stone…