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tort law negligence coursework Allegra v Pure Analysis
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February 2006 LLB (hons) Full time; Year One. (See separate sheet for full page of references) Tort Coursework; House of Lords Judgment. Allegra v Pure Analysis The case before me has previously been rejected due to doubts over the existence of the vital element of a duty of care owed by the defendant to the claimant. Lord Macmillan in Bourhill v Young defines duty of care1 and Howarth2 criticizes this concept of requirement of duty. The duty of care is the vital element in the tort of negligence as a duty of care cannot be breached if it was not owed to the plaintiff in the first place. We must also consider the implementations of the Human Rights Act 1998, especially Article 63. Lord Atkin in the case of Donaghue v Stevenson4 offered us his "neighbour principle" to help us to establish a duty of care. He shows us that there is a basic requirement...
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