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NEGLIGENCE - Coggle Diagram
NEGLIGENCE
DUTY OF CARE: APPLIES THE NEIGHBOUR PRINCIPLE(those harmed by your omission or act of negligence... e.t.c
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BREACH
REASONABLE PERSON TEST
The Defendant is tested on whether or not they, themselves acted like a reasonable person. The reasonable person in this question is one of fictions but is used to see whether or not they, themselves would've acted the same as the defendant or in similarities. Or acted differently to the defendants acts - Blyth V Birmingham Waterworks
A reasonable person in question is the same age and sex of the defendant, however the reasonable person contributes are of those who are ordinary. The characteristics are:
- Normal...
-intelligence
-Not so Cautious
-Not to eager
[Glasgow corporation V Muir]
The defendants characteristics do not matter in these situations. (e.g if they were insufficient and a learner, they will be judged as a competent drive)
[Nettleship v Weston]
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