Cheatsheet

NEGLIGENCE | - The main legal issue is whether P can successfully sue D for negligence. There are 4 steps to prove negligence: Duty of care (DOC), Failure to meet the required Standard of Care, Causation and Remoteness.-Negligence is a conduct that falls below the standard of care required by society for the protection of certain others against an unreasonable risk of harm. | I –DUTY OF CARE | -The legal issue is whether D owed P a DOC. In order to prove that D owed P a DOC, P must show that at the time of D’s careless act, it was RF that harms to persons like P could result in.ORDINARY PHYSICAL INJURY+ In this case, it’s obvious that P suffered serious physical injuries such as... because [D’s careless act]. To demonstrate whether D owed P a DOCfor ordinary physical injuries, we are going to apply Lord Atkin’s Neighbour test in Donoghue v. Stevenson case: Lord Atkin’s Neighbour test said that we owe a duty of care to our neighbour, people who are so closely and directly affected by our careless act or omission, that as a reasonable person,we should be able to reasonable foresee that if we do act or fail to act,that type of person might be injured :1)If D(do sth leading to sth), it is very reasonably foreseeable that s.o likely to be injured. 2)P is a (customers, consumer, employees )who use sth, those people are D’s neighbour, they would reasonably and foreseeable the they likely to be injured if D(do sth)=>D owe P duty of care b/c they are D neighbour. | RECOGNIZED DOC: (a) Manufacturers – customers; (b) Drivers–other drivers, passengers, pedestrians, owners of property near the road; (c) Owners/occupiers of property – people entering their property; (d) professionals – clients. | PURELY PSYCHOLOGICAL INJURIES+In this case, P didn’t suffer any physical injuries. Neither her body nor her property is damaged in anyway.P just suffered serious shock and depression as a result of(sth). Hence, we should consider that whether D owed P a duty of care for