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LLB152 Exam Notes

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Negligence: duty of care, mental harm, pure economic loss, causation, defence to negligence; private nuisance

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24 Pages Complete Study Notes 1-2 Years old
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Topics this document covers:
Law Tort law Philosophy of law English tort law Common law Judicial remedies Criminal law Negligence Duty of care Tort Pure economic loss Reasonable person
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Topics this document covers:
Law Tort law Philosophy of law English tort law Common law Judicial remedies Criminal law Negligence Duty of care Tort Pure economic loss Reasonable person
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A defendant will only be liable, in negligence, for the failure to take reasonable care to prevent a certain kind of foreseeable harm to the plaintiff, in circumstances where the law imposes a duty to take such care: Sullivan v Moody To establish a successful action in negligence it is necessary that all 3 elements of a negligence action are satisfied. That is, the D must have owed a DOC, and the D’s breached the DOC, and the D’s breach must have caused actual damage to the P, which was not to remote in law. DUTY OF CARE- For a D to be liable at the duty stage it must be reasonably foreseeable that any kind of carelessness of the D might cause damage of some kind to the P: Grant; Donoghue. . It is not necessary that the precise sequence of events be reasonably foreseeable: Chapman. It will be sufficient if it can be shown that there was foreseeab...
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