BU231 Lecture Notes - Lecture 2: Ginger Beer, The Injury, Vicarious Liability
Document Summary
Negligence is the careless causing of harm to the person or property of another. Three-part test for negligence: the defendant owed the plaintiff a duty of care, the defendant breached that duty of care by falling below the standard of care, the defendant"s actions cause the injury. The legal duty imposed on everyone: to take reasonable care to avoid injury to others, the injury must be reasonably foreseeable, the duty is not all encompassing you must owe a duty to the other person. Who do you owe a duty of care to: the good neighbour principle. Everyone has a duty to not injure their neighbour. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Donaghue vs. stevenson case (1932: 2 ladies go to a caf , sit down and have a drink.
