Negligence Study Notes
Covers Negligence Law in detail, spanning from key cases to the latest developments in statute. Covers duty, breach, mental harm, illegality, third parties and obvious risks among many other subjects.
Resource Sample
DUTY OF CARE
DEFINITION
A duty of care is an obligation imposed on a person to take reasonable care to ensure that they do not,
through any acts or omissions, cause another person to suffer harm. This general principle was proposed by
Atkin LJ in Donoghue v Stevenson.
A successful negligence action must satisfy three elements
1. The defendant owes the Plaintiff a duty of care
What is the scope of the duty
2. The defendant breaches their duty of care
What is the standard of care
3. This breach causes the Plaintiff s loss or injury
Is the loss too remote from the breach
Are there any defences available to the defendant
The principal statute in NSW is the Civil Liability Act 2002, which was implemented in response to the Ipp
Report. This report was designed to solve the crisis in public insurance.
1.2 ESTABLISHING A DUTY OF CARE
The facts may either fall into an establi...
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