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Torts - Negligence Notes

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All the readings and lecture notes from the semester - extremely detailed notes.

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46 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Law Tort law Case law Negligence Duty of care Omission Standard of care Bolton v Stone Donoghue v Stevenson Duty of care in English law Delict Chester Sydney Water
This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

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Topics this document covers:
Law Tort law Case law Negligence Duty of care Omission Standard of care Bolton v Stone Donoghue v Stevenson Duty of care in English law Delict Chester Sydney Water
Sample Text:
’ When liability is imposed for a failure to act, it is because there is a duty of care which requires action by the defendant Donoghue v Stevenson* • Facts o P’s friend brought ginger beer for P and under traditional contract law, P was not in contract with the shop owner o Upon drinking some of its contents and pouring the rest into a glass, a decomposed snail emerged o P sued D for negligence of the snail being in the bottle, however P needed to prove that she was ill as a result of this (i.e. claimed shock and gastro-enteritis) • Decision per Lord Atkin o ‘culpa’ – no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay o The rule that you are to love your neighbour becomes in law you must not injure...
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