Negligence Flashcards

1
Q

elements of the offence

A

Does the Defendent owe the plaintiff a DoC?
Did the defendant breach their duty of care?
Does anything limit the D’s liability

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2
Q

2 elements to establish if a DoC is owed

A

D v S: neighbour principle;
○ “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”.
○ “Persons who are so closely and directly affected by my act that I ought reasonably to have them in my contemplation.”

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3
Q

How to establish if they breached DoC

A

D v S: Did they fail to take reasonable care, which led to reasonably foreseeable damage?

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4
Q

facts of D v S

A

Donoghue’s friend buys her a ginger beer. [No contractual relationship]
Opaque bottle. [No opportunity for immediate examination.]
D drinks the ginger beer, upon reaching the end of the bottle discovers a decomposing snail
D. suffers from shock and gastroenteritis. [Suffered an injury/harm.]
She attempts to seek compensation from the court

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5
Q

facts of Grant v Australian Knitting Mills

A

Grant purchased Woollen underpants from JM and Co
Grant was a ‘fully qualified medical man’
Experienced a rash and was diagnosed with dermatitis
The dermatitis spread, at times his doctor feared that he might die
Seeking compensation from the manufacturer (not the store)

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6
Q

Eggshell Skull Rule

A

If harm was foreseeable no matter the state of the victim you are liable for all the damage. Grant

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7
Q

causation

A

Causation; did the defendants actions cause the harm or loss or would it have happened anyway

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8
Q

contributory negligence

A

Contributory negligence; if you are partly responsible for the harm - then you may not be entitled to full compensation. Eg. Grant wearing underpants for a week straight

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