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Summary Tort Law Powerpoint for All Modules
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Powerpoint with detailed summary for each module in first year Tort Law. Separated by design for ease of reference. Powerpoint based on detailed lecture notes and readings - condensed into easy-to-read Powerpoint format to help with making flash cards, memorising, etc. Helped me get a first so h...

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  • August 28, 2024
  • 197
  • 2018/2019
  • Summary

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DUTY OF CARE


TORT LAW 1.1

,WHAT IS NEGLIGENCE?

● Has four elements:
○ The existence of a duty of care
○ Breach of this duty of care
○ Injury, damage or loss caused by this breach (aka causation)
○ The type of injury, damage or loss was foreseeable (aka remoteness of damage)
■ First two are issues of law whilst the latter two are issues of fact
● Designed to protect interests such as physical, mental and economic ones
○ Public interest plays a role, but can take a policy minimalism (not relevant) or
maximalism (always relevant) or conditionalism (depends) position

,EARLY 19th CENTURY

● Tortious duty imposed when there was a contract between C and D
● No duty owed by manufacturer or supplier to ultimate consumer of goods
● e.g. Winterbottom v Wright
○ D supplied unsafe coach but not liable when C was injured by it because C
contracted with a third party, not D (no privity of contract between them)

, LATE 19th CENTURY

● General duty of care in Heaven v Pender
○ D, who contracted with C’s employer, liable for C being injured by rope D supplied
snapping
○ ‘Actionable negligence consists in the neglect of the use of ordinary care or skill
towards a person to whom the defendant owes the duty of observing ordinary care
and skill….although there is no contract between them with regard to such duty’
■ Uncertain whether this refers to foreseeability, proximity, or both
● Important of physical proximity in Le Lievre v Gould
○ ‘If one man is near to another...a duty lies upon him not to do that which may cause
a personal injury to that other’

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