LAW (NEGLIGENCE)

• Introduction to Negligence:

  • Negligence is a significant tort, defining the law of torts.
  • Two meanings of negligence: careless conduct and negligence as a tort with specific elements.
  • Negligence as a tort requires proof of elements before liability is established.
• Elements of Negligence:

  1. Duty of Care:

  • Duty is an obligation recognized by law.
  • Duty arises from relation or proximity between parties.

  Case: Donoghue v Stevenson [1932] AC 562:

  a woman found a decomposed snail in her ginger beer bottle and suffered shock and illness. She sued the manufacturer, Stevenson, for negligence. The case established the "neighbour principle," stating that one must take reasonable care to avoid actions that could harm others. This case laid the foundation for modern negligence law by defining the duty of care owed to others.
• Elements of Negligence

  2. Breach of Duty of Care:

  • Defendant must breach duty owed to plaintiff.
  • Breach determinable through the reasonable person test.
  • Defendant's actions compared to what a reasonable person would do.

  case: Nettleship v Weston

  Mrs. Weston, collided with a lamppost during a driving lesson, injuring her instructor, Mr. Nettleship. The court ruled that learners are held to the same standard of care as experienced drivers.
• Elements Of Negligence:

  3. Damage/Injury Due to Breach of Duty:

  • Plaintiff must prove suffering damage/injury due to defendant's breach.
  • Damage can be bodily harm, property damage, or emotional/monetary loss.

  case: Barnett v Chelsea & Kensington Hospital :

  three security guards fell ill after drinking tea. The hospital's doctor instructed them to go home instead of treating them. One of them, Mr Barnett died from arsenic poisoning. Mrs. Barnett sued for negligence, but the court ruled in favor of the hospital.