Liability in Negligence Flashcards
Define Duty of Care
A moral or legal obligation to ensure the safety or well-being of others around us
Do the 2 parties in a Negligence case need to know each other?
No - The parties need not be linked by contract for a duty to arise
What are the 3 principles concerning an action in Negligence
Duty of care
Breach
Damage
Give a simple definition of each principle concering an action in Negligence
Duty of care -
Breach -
Damage -
Is evidence required in a Negligence Case
Yes - Evidence must be submitted to prove the defendant being at fault
What happens if the claimant’s evidence is insufficient
It is likely that compensation may be limited
In order to start a tort, a ________ __________ must be established where a ______ of _____ exists on behalf of the defendant
Legal Relationship
Duty of Care
Donoghue v Stevenson
(Simple Definition)
Known as snail in bottle case
2 ladies out for coffee - One ordered a float, when she finished it, a decomposed snail was found (only found mid drink)
She suffered from physical illness as a result of drinking the contaminated drink
Outcome of Donoghue v Stevenson
Neighbour principle (manufacturer owes duty of care to customer). All of us should have a duty of care to one another
Manufacturer was found liable because a duty of care was owed to all customers
When is the Caparo Test used
When the Duty of care is not clear
What are the 3 parts of the Caparo Test
Was the damage or harm foreseeable
Is there a sufficiently proximate relationship between Claimant & Defendant
is it fair, and reasonable to impose a duty
