Negligence - Lecture and case notes
Very comprehensive. 41 pages.
Resource Sample
Duty of Care
The Elements of Negligence
. D must have owed a duty of care to P
. D must have breached that duty
. The breach must have caused damage of a legally recognised kind
. The damage must not have been too remote
. Whether D has a defence
Duty of care
The Court’s Approach
. Depends on the nature of the situation before the court
. 3 different kinds of situations:
- Situations in respect of which it is settled law that a DOC exists (Rogers v Whitaker)
- Situations in respect of which it...
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