153276
Descrição
Mapa Mental por val.corbett, atualizado more than 1 year ago
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Criado por val.corbett
quase 11 anos atrás
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Duty of Care - Foreseeability/Proximity/Policy
- Foreseeability of the Damage
- Donoghue v Stevenson [1932]
- Neighbour Principle - avoid acts/omissions which you can
reasonably foresee will injure your neighbour
- Neighbour Principle - avoid acts/omissions which you can
reasonably foresee will injure your neighbour
- "The orbit of the danger as disclosed to the eye of reasonable vigilance would
be the orbit of the duty" - Palsgraf v Long Island Railroad Company [1928]
- Donoghue v Stevenson [1932]
- Proximity
- Donoghue v Stevenson [1932]
- Neighbour
Principle - liability
is limited to those
"closely and
directly affected
by my acts of
omissions"
- Neighbour
Principle - liability
is limited to those
"closely and
directly affected
by my acts of
omissions"
- Interpersonal
justice
- connection between the parties justifying imposition of liability
- Donoghue v Stevenson [1932]
- Policy
- Anns v London Merton Borough Council [1978] - explicit
acknowledgement by court that policy plays a role in judicial
decision-making on duty
- Welfare Considerations / value judgments
- Examples of policy considerations include: 1. public expectations 2.
accountability 3. self responsibility 4. responsibility for others 5. public
interest 6. integrity of legal rules 7. administration of justice
- Anns v London Merton Borough Council [1978] - explicit
acknowledgement by court that policy plays a role in judicial
decision-making on duty
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