Negligence Templay Commercial Law
Negligence Case Template !
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To succeed in an action in
Negligence:
a) a duty of care is owed, !
b) that the duty of care has been breached and !
c) that the breach caused damage which is not too remote from the breach! Requirement 1:!
Duty of care
Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. !
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Motorists owe a duty of care to other road user “Imbree v
McNeilly" !
Doctors owe a duty of care to their patients “Roger v Whitaker” !
Solicitors owe a duty of care to their clients “Hawkins v Clayton” !
Manufacturers owe a duty of care to people who use their products “Donoghue v Stevenson” !
Occupiers owe a duty of care to people who come onto their premises. “Australian Safeway stores Pty v Zaluzna” !
Architects owe a duty of care to the people who occupy the buildings they design “Voli v Inglewood” !
Agents owe a duty of care to their principal (Chapter 7) ! directors owe a duty of care to the company (Chapter 12) and
Employers owe a duty of care to their employees (Chapter 12) !
Reasonable foreseeability !
- To establish the existence of a duty of care, it must be shown that at the time of the incident it was reasonably foreseeable that the defendant’s conduct could cause harm to someone in the plaintiff’s position. According to Lord Atkin in Donoghue v Stevenson [1932]
AC 562, at 580. !
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“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
Who, in law, in 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 in question.” Requirement 2: !
Breach of the duty of care
It must established that the defendant has in fact
!
To succeed in an action in
Negligence:
a) a duty of care is owed, !
b) that the duty of care has been breached and !
c) that the breach caused damage which is not too remote from the breach! Requirement 1:!
Duty of care
Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. !
!
-
!
!
Motorists owe a duty of care to other road user “Imbree v
McNeilly" !
Doctors owe a duty of care to their patients “Roger v Whitaker” !
Solicitors owe a duty of care to their clients “Hawkins v Clayton” !
Manufacturers owe a duty of care to people who use their products “Donoghue v Stevenson” !
Occupiers owe a duty of care to people who come onto their premises. “Australian Safeway stores Pty v Zaluzna” !
Architects owe a duty of care to the people who occupy the buildings they design “Voli v Inglewood” !
Agents owe a duty of care to their principal (Chapter 7) ! directors owe a duty of care to the company (Chapter 12) and
Employers owe a duty of care to their employees (Chapter 12) !
Reasonable foreseeability !
- To establish the existence of a duty of care, it must be shown that at the time of the incident it was reasonably foreseeable that the defendant’s conduct could cause harm to someone in the plaintiff’s position. According to Lord Atkin in Donoghue v Stevenson [1932]
AC 562, at 580. !
!
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
Who, in law, in 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 in question.” Requirement 2: !
Breach of the duty of care
It must established that the defendant has in fact