LLB102 Lecture Notes - Lecture 4: Safeway Inc., Law Of Obligations, Cerebos
Document Summary
When considering fault of a defendant in trespass. When referring to the breach element of the action. Negligence - conduct which involves a failure to conform to a legal obligation and failure to protect the interests of someone with whose interests a defendant ought to be concerned (tame v new south wales) Elements: duty of care, breach of duty, damage. Legal obligation arising out of an ascertained relationship. A man is entitled to be as negligent as he pleases toward the whole of the world if he owes no duty to them (le lievre v gould) Element 1 - classification of duties of care. Plaintiff and defendant in relationship that automatically gives rise to a recognised duty of care. Duty of care to prevent injury to persons when it is reasonably foreseeable that they would use the manufactured goods (*donoghue v stevenson*)
