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This Is A Summary For The Subject "Tort Of Negligence." It Contains All Relevant Case Studies And Summarises All Critical Elements Of The Prescribed Textbook.

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This Is A Summary For The Subject "Tort Of Negligence." It Contains All Relevant Case Studies And Summarises All Critical Elements Of The Prescribed Textbook.

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3 Pages Partial Study Notes > 2 Years old
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This Is A Summary For The Subject
Topics this document covers:
Law Tort law Common law English tort law Judicial remedies Criminal law Elements of crime Negligence Causation Duty of care Tort Remoteness in English law
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Law Tort law Common law English tort law Judicial remedies Criminal law Elements of crime Negligence Causation Duty of care Tort Remoteness in English law
Sample Text:
Duty of Care 2. Standard of Care 3. Breach of standard with damages 4. Causation 5. Remoteness 6. Defences 7. Damages / Remedies Step #1 - Duty of Care Onus on plaintiff to establish that a duty of care was owed by the defendant as established in Donoghue v Stevenson [1932] Extent of duty of care based on the reasonable foreseeability of injury or damage as established in Tame v New South Wales (2002) Generally, the courts will rule that there is no breach of duty of care where loss arises as a result of failure to act as in Council of the Shire of Sutherland v Heyman [1985], except where there is reliance as in Goldman v Hargrave [1967] Past conduct can create a reliance situation which a failure to act will be regarded as negligent as in Mercer v. South Eastern and Chatham Railway Companies' Managing Committee [1922] The more obvious ...
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