24-Liability In Negligence: Personal Injury And Damage To Property

Question 1

In which case did the modern law of negligence originate from?

Give brief facts.

Answer 1

Donoghue v Stevenson (1932)

Facts: Slug in ginger beer. C sued manufacturer as no claim allowed to shopkeeper because drink was bought for C therefore no contract.

Question 2

Donoghue v Stevenson (1932)

Answer 2

Principle: origin of the modern law on negligence and duty of care.

Facts: slug in ginger beer. C claimed against manufacturer rather than shop.

Question 3

What is the neighbour principle and which case did it originate from?

Who established the principle?

Answer 3

Anyone you ought to have in mind whom may be injured by your act or omission.

Donoghue v Stevenson (1932)

Lord Atkin

Question 4

Which principle did Lord Atkin establish regarding liability in negligence?

Answer 4

The neighbour principle

Question 5

What was the ‘neighbour principle’ replaced by?

Answer 5

The three part test from Caparo v Dickman (1990)

Question 6

What are the three parts to found from Caparo v Dickman (1990)?

Answer 6

1) damage or harm reasonably foreseeable
2) proximity of relationship
3) fair, just and reasonable to impose a duty

Question 7

What case established the three part test?

Give brief facts.

Answer 7

Caparo v Dickman (1990)

Facts: C company bought another company based on accounts provided for another purpose. No claim allowed.

Question 8

What did the case of Caparo v Dickman (1990) establish?

Answer 8

The three part test that replaced the neighbour principle.

1) damage or harm reasonably foreseeable
2) proximity of relationship
3) fair, just and reasonable to impose a duty