Law of Torts Notes.docx

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Business Research
Roger Gamble

Law of Torts The law of torts protects the general rights enjoyed by all individuals that are derived not from any specific agreement but the law itself Any action for negligence is about careless behaviour Action for negligence will only succeed if plaintiff can prove that1 Defendant owed plaintiff a duty of care 2 Defendant breached this duty of care 3 Defendants breach was the cause of the plaintiffs loss Causation 4 Damage suffered was not too remote Remoteness Was a duty of care owed When a duty of care will arise is determined by the neighbour principle from Donoghue v Stevenson neighbours are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbourThe nature of ones duty of care is considered under the following headings 1 Physical harm 2 Liability for omissions 3 Pure economic lossPhysical harm Existence of duty of care depends on whether the harm suffered by the plaintiff was reasonably foreseeable An objective test is applied would a reasonable onlooker have fores
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