Negligence Revision

• Negligence


  The breaking of a duty of care to another
• Duty of care

  When you owe a legal duty to take care when dealing with someone else – e.g. a doctor owes a duty of care to his patients
• To prove negligence


  1. Duty - that a duty was owed to you

  2. Breach - that duty was breached

  3. Damages - you suffered a loss

  4. Causation - the breach of duty caused your loss
• Donoghue v Stevenson 1932

  • Plaintiff's friend bought Ginger Beer
  • Friend drank some before pouring out contents
  • Discovered a decomposing snail
  • Plaintiff sued manufacturer under negligence
  • Found: manufacturer had a duty of care to end user of product
• Donoghue v Stevenson

  • Defined duty of care for all negligent cases
  • Neighbour principle: you owe a duty of care to anyone who would be affected by your actions - e.g. a driver will owe a duty to all other drivers, pedestrians etc.
• Contributory Negligence

  When the plaintiff adds in some way to his own loss – e.g. by not wearing a seatbelt