BADM 107 (Negligence law) Exam Questions
With Verified Answers
Negligence - Answers✔-involves inadvertent (non-intentional) careless conduct that causes
injury or loss to another (ford pinot case)
-important area of tort liability for professionals (lawyers and doctors, accountants, architects)
e.g pissa tower
4 essential elements of negligence to prove (conjunctive requirements) - Answers✔A) a duty to
exercise care
B) Breach of the standard of care
C) causation - the act caused the injury
D) damages - victim suffered a loss
Reasonable Forseeability Test - Answers✔owed to anyone we can reasonably foresee would be
harmed by our actions
Donoghue v Stevenson - Answers✔established test to determine duty of care
-Anns v. merton lead to refinement :
2 stages :
1) degree of proximity between parties
2) any reasons to allow court to modify nature of duty
e.g potholes
paisley snail (1932) - Answers✔-suffered gastroenteritis
-sued stevenson for negligence
-could NOT sue for breach of contract (cus her friend bought the drink)
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