Law of Negligence

13-09-16 cheapnisha 0 comment

Law of Negligence

Issue 1: Did the Defendant owe the Plaintiff a duty of care?

Law:

Reasonable Foreseeability:

    • A reasonable person in D’s position must foresee that there was a risk their conduct could harm someone in P’s position
  • Control / Vulnerability:
    • D in a position of control and P in a position of vulnerability such that P relied on D
    • That position required D to protect P’s interests

Case Examples:

  • Donoghue v Stevenson
  • Chapman v Hearse
  • Hanlon v Hanlon
  • Swain v Waverley Municipal Council
Download