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Negligence (A (2. Modern three part test comes from C v D. (Donoghue v…
Negligence
ABCD
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Note: if something = not relevant, then don't include it ! Save time.
A
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3. Here, SOME harm = reasonably foreseeable to person in C's position as result of D's actions because...
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5. FJR to impose duty on D, will not open floodgates of litigation + encourage similar D's to take ++care in future (Hill v CCWY)
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B
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2. Here, harm was likely (Hayley v LEB) because... and so more care should be taken.
Potential harm could have been serious (Paris v Stepney) because... and so more care/precautions should be taken.
D could have avoided potent. harm by... and therefore could be said D did not take steps proportionate to the risk (Bolton v Stone)
Finally, was no public benefit to D taking risk of doing Y (Watt v Herts CC, emergency situation)
Balancing risk factors, D fallen below std of reasonable person doing Y and has breached duty.
Note: 'weigh' them up, see what they point to (not always breach).
C
1. Factual - 'but for' D's actions, C would not have suffered harm/damage [explain] (Barnett v Chelsea)
2. Legal - here, (IDENTIFY THE) type of harm/damage was reas. foreseeable conseq. of original act (Wagon Mound)
It is not too remote, C can claim.
3. If relevant
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Once r. foreseeable, D must take C as finds him, still liable where C has unusual char. worsening harm/dmg (Smith v Leech Brain, Eggshell Rule); here, relevant as...
If dmg = r. foreseeable, does not matter dmg occurred in unforeseeable way (Hughes v Lord Advocate) or to unforeseeable extent (Bradford v Robinson Rentals)
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D
Defence
Contributory
If C contributed to loss, reduction in dmgs under Law Reform (Cont. Neg.) Act 1945.
Sayer v Harlow - fell standing on loo roll holder to escape locked cubicle, 25% reduction
Consent
(Volenti non fit injuria) may be available if C knew of and accepted risk. Morris v Murray - got in D's aircraft knowing full well was drunk.
Damages
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Special damages - calculated specifically, up to trial date. Here, might include...
General damages - apply after date of trial, pecuniary and non-pec. Here, pec/non-pec might include...
Non-pec: injury itself, pain & suffering, loss of amenity
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