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TORT 1 Coursework Negligence consists of three elements: a legal duty to take care; breach of that duty and damaged suffered as a consequence of that breach. Of which a common definition is: "Tortious liability arises from the breach of duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages." Tort of negligence importance begins with Lord Atkin's ground breaking judgement in Donoghue v Steveson [1932] AC 532. Where the claimant argued that she had suffered shock and gastroentertritis after drinking ginger beer from an opaque bottle out of which a decomposing snail had fallen when the dregs were poured. A friend brought her the drink so she couldn't sue in her own right in contract. The House of Lords held that the manufacturer owed duty of care, liable in negligence to the consumer of its products....

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