Understand the impact of the law of negligence

The following topic forms part of the Unit Aspects of Legal Liability.

Understand the impact of the law of negligence:

Existence of a duty of care: historical introduction; neighbour principle (Donaghue v Stevenson); three-part test (Caparo).

Breach of duty: standard of the reasonable man; factors affecting standard of care – special characteristics of the defendant; special characteristics of the claimant; degree of risk; taking precautions; benefits of taking the risk; relevant case law.

Damage: physical injury; to property; causation, intervening events, remoteness of damage (Wagon Mound).

 

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