Negligence Claims

Question 1

The elements of negligence

Answer 1

Existence of duty of care
The breach of duty of care
Injury is a direct result of the breach
Damage from the breach of duty of care

Question 2

What is a duty of care?

Answer 2

Is a moral or legal obligation to ensure the safety or well-being of others.

Question 3

What happened in the donoghue v Stevenson case?

Answer 3

The ginger beer from Stevenson was not properly examined and resulted in a decomposing snail in a bottle, the court ruled that Stevenson was negligent in the opinion that because he intended for the ultimate consumer to receive the product in which it left his manufacturer if this were to result in injury this would result in him having a resonance duty of care.

Question 4

What happened in the kolavo v Pitsikas?

Answer 4

This was the case between the women and travel agent and tour operator in which she sued them negligence when she was refused a separate room after her room mate was acting weird and then he ended up biting her. The case failed on the term of foreseeability.

Question 5

What amounts to negligence ?

Answer 5

A breach of a duty of care