Negligence

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LAW1100 LEGAL FRAMEWORK
ON CAMPUS 01 2013

MAJOR ESSAY ASSIGNMENT

Law of Negligence: Duty of Care and Standard of Care

An essay by __________________________ (your name)

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TABLE OF CONTENTS
Page
1.0 Introduction ……………………………………………………………….

2.0 Background….…………………………………………………………….

3.0 Duty of Care for Negligent Acts…………………………………………. 3.1 Historical Approach…………………………………………………… 3.2 Contemporary Approach……………………………………………… 3.2.1 Reasonable foreseeability……………………………………….. 3.2.2 Analogies – recognized duties of care………………………….. 3.2.3 Neighbourhood factors…………………………………………. 3.2.4 Social policy…………………………………………………….

4.0 Duty of Care for Negligent Advice…………………………………….. 4.1 Development of the law……………………………………………… 4.2 Shaddock test, reliance and assumption of responsibility……………

5.0 Breach of Standard of Care……………………………………………... 5.1 The Reasonable Person………………………………………………. 5.2 Guidelines to establish breach……………………………………….. 5.2.1 Probability of harm…………………………………………….. 5.2.2 Seriousness of possible injury………………………………….. 5.2.3 Costs and opportunities of avoiding or...
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