tort

Question 1

What was the status of negligence as a legal claim before the 20th century?

Answer 1

Negligence wasn’t a separate tort before the 20th century. It was more about describing careless behavior, and there wasn’t a clear legal basis to sue someone solely for negligence.

Question 2

2. When did negligence start to develop as a basis for legal liability?

Answer 2

In the 19th century, negligence began to develop slowly as a basis for legal liability, but it was still challenging for victims to receive compensation.

Question 3

What did the case of Heaven v. Pender (1883) suggest about negligence?

Answer 3

• Answer: Heaven v. Pender suggested that there could be a broader duty to use “ordinary care” to prevent danger to others, a concept that hinted at the modern “duty of care.”

Question 4

5. Which case formally established negligence as a distinct area of law?

Answer 4

• Answer: The case Donoghue v. Stevenson (1932) formally established negligence as an independent tort, laying the foundation for the modern duty of care.

Question 5

6. What are the four elements needed to prove negligence as established by the 20th century?

Answer 5

The four elements are:
1. Duty of Care
2. Breach of Duty
3. Causation
4. Recognizable Loss or Damage

Question 6

7. What is the “neighbor principle” established in Donoghue v. Stevenson?

Answer 6

• Answer: The “neighbor principle” established by Lord Atkin holds that people must take care to avoid harming others whom they could reasonably foresee being affected by their actions.

Question 7

8. Why was Donoghue v. Stevenson (1932) a landmark case in negligence law?

Answer 7

• Answer: It extended the duty of care to manufacturers, even without a contract, establishing that they could be liable for harm caused by their products to consumers.

Question 8

9. What was the significance of Grant v. Australian Knitting Mills (1935)?

Answer 8

• Answer: This case reinforced that manufacturers owe a duty of care to consumers, even if a third party could inspect the product before harm occurred.

Question 9

11. What was the precedent set by Mullen v. AG Barr (1929) and how did it impact Donoghue v. Stevenson?

Answer 9

• Answer: In Mullen v. AG Barr, the court ruled that manufacturers only owed a duty to consumers if there was a direct contract. This initially set back Donoghue’s case but was later overturned by the House of Lords.