Your Status: Logged out Log in

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: 8 out of 10 stars (1 vote) | Words: | Submitted: Tue Jan 16 2001

Page Preview
Preview
Previous 1 of 5 Next

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

Register Now