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Negligence

Negligence. 20 July 2011. Precedent: Donoghue v Stevenson. Snail in the bottle case Created the law of negligence. What is negligence?. When a person acts in a careless or reckless way and their action injures or harms another person The injured person may be entitled to a remedy.

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Negligence

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  1. Negligence 20 July 2011

  2. Precedent: Donoghue v Stevenson Snail in the bottle case Created the law of negligence

  3. What is negligence? When a person acts in a careless or reckless way and their action injures or harms another person The injured person may be entitled to a remedy

  4. Lord Atkin “A manufacturer of products, which he sells in such a form as to show he intends them to reach the ultimate consumer in the form in which they left him, with no reasonable possibility of intermediate examination, and with the knowledge that absence of reasonable care in the preparation or putting up of the products will result in injury to the consumer’s life or property, owes a duty of care to the consumer to take reasonable care.”

  5. Elements of Negligence Elements are the things (legal issues) you have to prove: 1. Duty of care owed by the defendant to the plaintiff 2. Breach of duty by the defendant 3. Damage or injury to the plaintiff

  6. Defences 4. Do any of these defences apply? • Plaintiff contributed to the injury/harm • Plaintiff agreed to the risk • Plaintiff did not suffer any injury/harm • There was no duty of care • There was no breach of the duty

  7. p. 247 Apply your Understanding Case A Case B Case C

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