Topic 3-Negligence Flashcards
Donoghue V Stevenson [1932] AC 562
Recognized general set of principles recognizing tort of negligence
‘neighbor principle’
Lord Atkin- “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be liable to injure your neighbour.”
-manufacturer owes duty of care to consumer
Winterbottom v Wright (1842) 10 M. & W. 109
-D employed by mail service to keep mail-coach in good repair, coach collapsed and Winterbottom, contracted to drive coach, was injured.
-Sought to sue Wright for failure to keep coach in good repair
-tired to argue that they should extend to Winterbottom a form of negligense even though he was not a party to contract.
-HELD- Lord Abinger finding no liability foresaw that the ‘most absurd and outrageous consequences, to which I can see no limit, would ensue’, should anyone owe a duty ot another outside of the scope of privity of contract.
Heaven v Pender (1883)
(early movement towards dev of general principles of neg)
-injury of a person working in a docks when defective ropes on a ship broke. D, doc owner, who had supplied the ropes was found liable in Tort. Liability based on duty owed by a n occupier ot those who came onto land and provided some economic benefit.
-HELD- lord brett (minority) said he favored the imposition of liability based on a broad duty.
Anns v Merton Urban District Council [1978] AC 728
A block of flats had been constructed
