100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Introduction to Negligence (1) Duty of Care & Breach $0.00

Class notes

Introduction to Negligence (1) Duty of Care & Breach

 125 views  4 purchases
  • Course
  • Institution

Detailed explanation of the law on negligence. Specifically duty of care and breach of duty.

Preview 2 out of 12  pages

  • May 2, 2021
  • 12
  • 2018/2019
  • Class notes
  • S. tarrant
  • Introduction to negligence (1) duty of care & breach
avatar-seller
Introduction to Negligence (1)
Duty of Care & Breach
Contract and Tort – Comparing the Two
A tort is a civil wrong. Unlike the obligations voluntarily accepted by the parties to a contract, a tort
consists of the breach of a duty imposed by law. The law of tort seeks to provide a legal remedy for
the victims of certain forms of harmful conduct. Tort duties are owed to a wide range of persons and
are not dependent on the existence of a contractual relationship. Examples of the kinds of harmful
conduct which the law provides protection against include:

• Interference with a person’s ownership or possession of land or personal property e.g. the
torts of trespass to land and trespass to goods.
• Injury to business or personal reputations e.g. tort of defamation.
• Interference with a person’s use and enjoyment of land e.g. tort of nuisance.
• Damage to land e.g. tort of negligence.
• Personal injury and death e.g. torts of negligence and trespass to the person.
• Damage to commercial interests e.g. tort of deceit.

Each tort is governed by its own special rules covering matters such as the basis of liability, defences,
and remedies.



Negligence Requirements
A formula is used to figure out how to solve legal problems in negligence. In order for there to be
negligence the claimant is required to be prove:

• There must be HARM (note when addressing whether there is harm in a case question,
establish whether the harm is physical or psychological)
• DUTY OF CARE owed by defendant
• BREACH of duty by defendant
• CAUSATION - Claimant’s harm must have been caused by the negligent breach of duty (no
other cause possible + injury reasonably foreseeable)
• Note that some DEFENCES can negate liability and others (partial defences) reduce the
amount in damages awarded - e.g. did the claimant contribute towards the harm
happening? (contributory negligent - a partial defence)



General Principles
Hazell v British Transport Commission [1958]
Pearson J (i.e. Justice Pearson) said that:

, “the basic rule is that negligence consists in doing something which a reasonable man would not
have done in that situation or omitting to do something which a reasonable man would have done in
that situation”.

Revill v Newbery [1996]
Case Facts
The defendant was an elderly man whose property had been subject to frequent break ins and
vandalism. In order to protect the property, the defendant kept an air rifle and a shotgun on the
premise and slept in the property. The claimant, a burglar, attempts to break into the property, and
the defendant shoots at him – attempting to frighten him. The claimant is injured and sues the
defendant for compensation.

Case Decision
The court found in favour of the claimant. This was because there was:

• HARM – the claimant was physically injured.
• DUTY OF CARE – the defendant owed the claimant a duty of care as:
o a) the claimant was on the defendant’s premises; and
o b) the defendant created one when they got the gun.
• BREACH – occurred when the defendant shot without checking where the claimant was or
considering whether they (the defendant) could hurt the claimant.
• CAUSATION – the claimant’s harm was caused by the negligent breach in duty by the
defendant, and injury, from shooting the gun, was reasonably foreseeable.

But the claimant’s damages were reduced by two thirds to reflect their responsibility for their own
injuries (contributory negligence DEFENCE).

Point to Take Away
Case is an example of all the criteria for negligence (harm, duty of care, breach, and causation) being
established / found, and thus the defendant being found guilty of negligence. Case also shows
contributory negligence (a partial defence) reducing the damages awarded to the claimant.

Donoghue v Stevenson [1932]
Case Facts
The claimant went to a café with their friend. The friend bought a bottle of ginger beer for the
claimant. The remains of a decomposing snail slid out of the bottle, which was made of dark opaque
(i.e. obscure / unclear) glass, after the claimant had drank most of the beer. The claimant suffered
gastroenteritis and shock and sued the beer manufacturer.

Case Decision
The House of Lords found in favour of the claimant. Manufacturers owe a duty of care to their
consumers.

Lord Atkin: “The rule that you are to love your neighbour becomes in law: You must not injure your
neighbour and the lawyer’s question: Who is my neighbour? receives a restricted reply. You must
take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to
injure your neighbour. Who then in law is my neighbour? The answer seems to be 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 which are called into
question.”

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller nkgnd. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $0.00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

62890 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
Free  4x  sold
  • (0)