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Negligence (Damages (EXCEPTIONS (Nominal Damages, Aggravated Damages,…
Negligence
Duty of Care
Do D owe P duty of care?
"Neighbour Test"
Reasonably foreseeable
2 stage test
Proximity
Close relationship between D & P?
Yes
D owes P duty of care
No
No Duty of Care
Public Policy Reason
Should impose duty of care?
Yes
No Duty of Care
No
D owes P duty of care
Case:
Hill v Chief of West Yorkshire
Case:
Donoghue v Stevenson
Breach of Duty
"Reasonable Man" Test
Res Ipsa Loquitur
Standard of Care
Landmark Cases
Bolton v Stone
Haley v London Electricity Board
Roe v Minister of Health
Damages
Computed as single lump sum
No limit
Intended to be compensatory
Plaintiff to mitigate his losses
EXCEPTIONS
Nominal Damages
Aggravated Damages
Exemplary/Punitive Damages
Defences
Ex turpi causa non oritur actio
Plaintiff suffered injury while engaging in criminal activities
Complete Defence
contributory negligence
Plaintiff's own action contributes to his injury (to a certain extent)
Partial Defence
Volenti non fit injuria
"To one who is willing, no harm is done"
Complete Defence
Remedies
Damages ($)
Injunction/Specific Performance