LA2020 Study Guide - Final Guide: Contributory Negligence, Breach (Security Exploit), Eggshell Skull
Document Summary
Proving negligence: a duty of care was owed. Foreseeable: (neighbourhood principle - take care to avoid acts/omissions which you can reasonably foresee will be likely to harm you neighbour, bourhill v young (blood on the streets case, donoghue v stevenson (snail) Proximate: temporal (time) and physical, dorset yacht v home of ce (escaped delinquents, mccarthy v wellington city council (detonators) Fair/reasonable: policy factors, likelihood of harm, floodgates, economic loss vs physical loss, breach due to not meeting standard of care. Reasonable person test - what is expected of the person (eg: reasonable accountant, driver) The more dangerous an activity is, the more care should be taken. The cheaper it is to take care, the more care should be taken: damage occurred as a result. Causation: did the df"s negligent act result in the harm to the pl: but for test - if pl"s harm wouldn"t have occurred but for df"s negligence.
