Negligence/ RvF Definitions

Question 1

General negligence

Answer 1

D owed a duty of care, D breached that duty of care and C’s damage was caused by D’s breach of duty and was not too remote from it

Question 2

Duty of Care

Answer 2

Lord Atkin’s neighbour principle (Donoghue v Stevenson 1932) -> You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour

Question 3

Breach of Duty

Answer 3

The defendant’s standard of care falls below the standard expected from the reasonable man doing the same activity (Vaughan v Menlove)

Question 4

Rylands v Fletcher

Answer 4

Anyone who brings onto his land and keeps there something likely to do mischief if it escapes, is answerable for all damage which is a natural consequence of its escape - Mr Justice Blackburn