Liability for Negligence

Topics: Tort, Tort law, Negligence Pages: 2 (1009 words) Published: September 13, 2014
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Liability for Negligence!
1. The Duty!

PURE ECONOMIC LOSS !

Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts

Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of

which you can reasonably foresee would be likely to injure your neighbour. Who are

pure economic loss to establish a duty of care, which caused a need for further

persons I ought to reasonably have in contemplation as I take an action/omission.

tests to identify if there was a duty of care owed to the plaintiff. ‘SALIENT FEATURES’!

Relationship

Description

Manu. &
Consumers

Manufacturers owe a duty to users of their products to take
reasonable care to protect users from injuries (to person or property) that are reasonably foreseeable. (Grant v Knitting Mills)

Manu. &
Innocent
Bystanders

Manufacturers owe a duty to innocent bystanders that the use of their products don’t cause harm to innocent bystanders providing that the injury (to persons or property) is reasonably foreseeable.

Distributors

Distributors owe a duty of care to their consumers that they sell, when the product is examinable and the retailer is in a position to give warning or advise on use. (McPherson v Eaton)

Service
Providers

Service providers generally owe a duty to take reasonable care not to cause foreseeable injury in providing their service, they may be liable to both the client and any innocent bystander that has been hurt.

Property
Owners

(Safeway v Zaluzna). Property owners owe a duty to take reasonable care not to avoid foreseeable risk to injury to people on their premises, whether the hazard was created by them or not. However, when a there is the involvement of a third party, there can be exceptions.

Road Users

Feature

Description

Reasonable
Foreseeability

Was it reasonably foreseeable that the negligent acts of the defendant could cause harm/injury to persons/property?

Nature of...
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