LectureLoading…

Negligence: duty of care, breach and damage

LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit III: Negligence, including contributory negligence and other defences. · LLB · 60 min

Negligence is the most important tort in modern law: road accidents, medical mishaps, collapsing buildings and defective products are all negligence claims. This lecture gives the definitions (Alderson B. in Blyth v. Birmingham Waterworks, Winfield), the two senses of the word, and the three essentials: a duty of care (Donoghue v. Stevenson's neighbour principle, foreseeability and proximity, Bourhill v. Young, the Caparo three-stage test), its breach (the reasonable man, Glasgow Corporation v. Muir, Bolton v. Stone and the factors of risk) and consequential damage (causation and remoteness). It closes with professional negligence (Bolam, Jacob Mathew, V.P. Shantha) and the bee-keeper problem of 2022-23 on the limits of Rylands v. Fletcher. It answers the past questions on the definition and essentials of negligence (2019-20, 2022-23, 2023-24, 2025-26), on Donoghue v. Stevenson and on foreseeability and duty of care (2022-23).

Objectives

Slides

  1. Negligence: meaning and definitions
  2. Blyth v. Birmingham Waterworks (1856)
  3. The three essentials
  4. Duty of care: Donoghue v. Stevenson (1932)
  5. Foreseeability and proximity: Bourhill v. Young
  6. The Caparo three-stage test
  7. Breach: the reasonable man
  8. Factors in deciding breach
  9. Damage: causation and remoteness
  10. Professional negligence: Bolam and Jacob Mathew
  11. Negligence and strict liability: the bee-keeper problem

Loading the lecture…