Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
For liability to be established one of the principle elements is that of whether a duty of care was owed by the defendant to the claimant, such as in the case of Donoghue v Stevenson [1932] A.C. 562.
Member rating:
(1 vote)
| Words:
| Submitted: Tue Jan 16 2001
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
For liability to be established one of the principle elements is that of whether a duty of care was owed by the defendant to the claimant, such as in the case of Donoghue v Stevenson [1932] A.C. 562. The immediate duty of care that should be recognised is that of a driver to other road users. This requirement has been established by the necessity for all drivers to have insurance against third party risks, as per s 145 of the Road Traffic Act 1988. This duty has been given extensive judicial recognition, for example in the case of Nettleship v Weston [1971] 3 All ER 581 Lord Denning stated ".... The driver owes a duty of care to every passenger in the car, just as he does to every pedestrian on the road"1. Similarly from this obiter it would seem that Bob owed a duty of care to Julia as...
To see the full version of this document, and 145,320 others
