Please enable JavaScript.
Coggle requires JavaScript to display documents.
Applicable laws - Coggle Diagram
Applicable laws
Tort of negligence
Duty of Care: test for establishing negligence
Donoghue v Stevenson-The Neighbour Principle
a defendant must avoid acts or omissions which will foreseeably harm persons who are so closely and directly affected by his acts or omissions that he ought to have them in mind as being so affected.
The Anns Two-stage Test
The Caparo Three-part Test
2nd: Foreseeability
!st: Proximity
The Spandeck test
Threshold of factual foreseeability
1st: Proximity
2nd: Policy Considerations
Breach of duty: Standard of care
Establishing the due standard of care: whether reasonable care has been taken to avoid reasonably foreseeable harm
Government of Malaysia v Jumal b Mahmud [1977] 2 MLJ 103
Standard of care not normally lowered to take account of a defendant’s inexperience
Causation of damage
Remoteness of damage
Defences of negligence
Vicarious liability
Applicable tests and considerations