Law 2101 Lecture Notes - Lecture 24: Ginger Beer, Wangerooge Island Railway, Misfeasance

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22 Dec 2019
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Duty of care (cont"d), standard of care- lecture 3. Duty of care: donogue v stevension, snail in a bottle of ginger beer, woman got sick from it, there was a duty owed to her, and lord atkin said it was due to the neighbour principle. The rule that you are to love your neighbour becomes in law, you must not injure your neighbour. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Just because i owe a duty to 1 person, does not mean i owe it to someone else: passenger v. railway, yes, there is a duty owed to the passenger clearly. Sued the commonwealth for cutting their boat in half: no duty of care here, because where the government is engaged in the enemy, there is no duty of care, only applies when actively engaged. If you created the risk of the drowning child- ex.

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