Liability in Negligence

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  • Created by: Patsy777
  • Created on: 12-12-19 12:41

1. Blyth v Birmingham

  • A failing to do something which the reasonable person would have done or doing something that the reasonable person would not have done.
  • The defendant has take reasonable steps to ensure visitors safety.
  • There must be a close relationship.
  • You must take reasonable care to avoid acts or omissions which you can reasonably foresee would injure your neighbour.
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4. Negligence definition

  • Something which materially affects the reasonable comfort of others”
  • A strict liabilty tort developed in the case of Rylands v Fletcher. there are 4 main elements to prove in order to be successful in this claim.
  • An act or failure to act which causes injury or damage to another person or property.
  • An unlawful interference with a person’s use or enjoyment of land which comes from the use of some neighboring land.”

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