duty of care Flashcards
What happened in the case of Donoghue v Stevenson?
- neighbour principle
Mrs Donoghue went to a cafe with a friend. Her friend bought her a bottle of ginger beer and an ice cream.
The ginger beer came in an opaque bottle so that the contents could not be seen clearly.
Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle
She found a decomposed snail in the bottle and suffered personal injury as a result. She claimed against the manufacturer and her claim was successful.
what is covered by the neighbour principle?
- laid down by Lord Atkin
- You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour…[namely]…persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation…”
who has the onus of proving that duty of care exists?
the claimant (i.e. the person bringing the claim)
To succeed in an action for negligence it is necessary for a claimant to establish whether:
a. The defendant owed the claimant a duty of care, breached that duty of care and reasonably foreseeable damage was caused by the breach of duty.
b. The defendant owed the claimant a duty of care, breached that duty of care and the defendant suffered a loss.
c. The defendant was careless and as a result caused damage to the claimant.
d. The defendant caused reasonably foreseeable damage to the claimant. It is up to the defendant to prove that he did not owe the claimant a duty of case and he did not breach that duty.
a. The defendant owed the claimant a duty of care, breached that duty of care and reasonably foreseeable damage was caused by the breach of duty.
The case of Donoghue v Stevenson established which test?
a. The nearby test
b. The neighbour test
c. The closeness test
d. The adjacent test
b. The neighbour test
Does the neighbour test state that a person should take reasonable care to avoid acts and omissions or just acts?
a. Both acts and omissions
b. Just acts
a. Both acts and omissions
In a negligence case, why is it important to know whether the defendant has a duty of care to the claimant?
a. If there is a duty of care, the damages will be higher.
b. If there is no duty of care, the defendant cannot be liable.
c. If there is a duty of care, the defendant is liable.
d. If there is no duty of care, the claimant has to prove damage.
b. If there is no duty of care, the defendant cannot be liable.
