Duty of care-Questions and Answers Graded A+

Duty of care-Questions and Answers Graded A+ Blyth v Birmingham Waterworks CO (1856) - ANSWER-Alderson B said " Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do" Pre Donoghue v Stevenson 1932 - ANSWER-No recognised general test Early case Heaven v Pender 1883 - Donoghue v Stevenson (1932) - ANSWER-Neighbough principle Since she had not bought the beer she could not bring a claim for breach of warranty. She therefore brought an action against the manufacturer. HLS had to decide if there was a duty of care in law. HLS held - NARROW RULE that a manufacturer of goods owed a duty of care to their consumer. The case also established the NEIGHBOUR prinicple which determines whether the defendant owes a duty of care in any situation Lord Atkin said " You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is your neighbour? The answer seems to be persons so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in to question. " Neighbour prinicple - Lord Atkin - ANSWER-Lord Atkin said " You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is your neighbour? The answer seems to be persons so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in to question. " Lord MacMillan in Donoghue v Stevenson - ANSWER-'The categories of negligence are never closed' - courts can formulate new categories. Caparo Industries v Dickman 1990 - ANSWER-60 years later - neighbour principle is reformulated.