Question

The duty of care in Donoghue v Stevenson[1932 AC 562 was based on the ' neighbour

principle. Lord Atkin said that, in law, a 'neighbour'was

Select one.

O aA person who bought dangerous goods from a manufacturer.

O b. Anyone that a person could reasonably foresee could be injured by his or her

actions or failure to act

O c. Someone who was more likely than not to be injured by another's actions

O d. Someone who lived or worked in close proximity to a manufacturer.

According to statutory reforms of the law of negligence, a defendant who has breached

their duty of care will only be liable:

Select one

O a. If it is appropriate that they be held liable for the harm suffered

O b For harm actually caused by the breach

?c. Both A and B

?d. Neither A nor E

Answer 1

1) The duty of care in Donoghue v Stevenson [1932 AC 562 was based on the neighbour principle. Lord Atkin said that, in law, a 'neighbour' was

Solution: Anyone that a person could reasonably foresee could be injured by his or her actions or failure to act

Explanation: Lord Atkin said that, in law, a 'neighbour' was someone who must take reasonable care for avoidance of the acts or omissions that can reasonably foresee would be likely to injure the neighbour.

2) According to statutory reforms of the law of negligence, a defendant who has breached their duty of care will only be liable

Solution: Both A and B

Explanation: According to statutory reforms of the law of negligence the person must harm be actually caused by the breach and it is appropriate that they be held liable for the harm suffered