W3 - Tort

Question 1

What is negligence as a tort?

Answer 1

Breach of duty of care

Question 2

Give the Donoghue v Stevenson Case and the neighbour principle

Answer 2

Snail case, breach of duty of care.

Neighbour - reasonable care to avoid acts where you could foresee injuring your neighbour.

Question 3

What are the 3 elements that must be satisfied to establish liability in negligent duty of care?

Answer 3

1) Duty: Does the defendant owe the claimant a duty of care?
2) Breach: Has the defendant breached that duty?
3) Damage: Has the claimant’s damage been caused by the
defendants breach?

Question 4

rest is uni/bilateral precaution models

Answer 4

covered in p5 env risk