TRN305Y1 Lecture Notes - Lecture 15: Ginger Beer, Law Of Obligations, Child Safety Lock
Document Summary
Situating negligence w/in the body of tort law. Establishing a duty of care donoghue v stevenson. Identifying a novel duty of care anns test. Actions that may also be criminal, purposefully w/ high degree of blameworthiness causes harm through deliberate act. Form of conduct most commonly associated w/ tort law. Breaches of duty that results in injury (physical, financial, both) to individual to. Failure to exercise the appropriate care that is expected in specific circumstances whom duty is owed. Ex. hot coffee case negligent owes direct duty of care. Mcdonalds owes duty of care to consumer. If product deemed to be dangerous, deemed to cause harm . Often 2 parties that have entered in some form of contractual relationship . Ex. doctor & patient, real estate agent & homeowner, etc. But also duty of care extends to instances where there isn"t written/implied contract, but dependent relationship btw 2 parties. Lochgelly iron & coal co. v. mcmullan, 1934 ac 1.
