notes on tort law negligence. goes through duty...
Tort Law-notes on tort law negligence. goes through duty of care and scope, causation and defences. includes relevant parts of the wrongs act
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NEGLIGENCE OVERVIEW
DOC and SCOPE
In determining whether D owed P a DOC we must first look to any established precedents or cases where an analogy can be drawn. Otherwise we must rely on first principles. First it must be established whether it was reasonably foreseeable that an injury of the kind that P sustained was likely to occur s48(1)(a); Chapman A risk is foreseeable where D knew or ought to have known of the risk s48(1)(a) This is determined by asking what a reasonable person in Ds po...
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