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Liability In Negligence Problem case. Advise Greenwichshire Police whether they owe a duty of care in negligence to: a) Those injured at the rally b)PC Nick
The first 200 words of this essay...
Liability In Negligence
Advise Greenwichshire Police whether they owe a duty of care in negligence to:
a) Those injured at the rally
Winfield defines negligence as "the breach of the legal duty to take care which results in damage, on desired by the defendant to the plaintiff"1 therefore it is necessary to prove an existing duty of care, breach of that duty and causation of damage in order to find successful action in negligence. Negligence began to develop in the early 19th century when liability of careless acts was founded upon a "duty to take care". On a case by case basis duty was found to exist owing to the relationship between the parties. Attempts such as that in Haven V Pender  to set out a more general concept of duty had failed until Donoghue V Stevenson .
In the case of Donoghue V Stevenson 3, Lord Atkin developed his famous "Neighbour principle". He stated " You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure you neighbour. Who then in law is my neighbour? The answer seems to be - persons closely directly
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