To effectively problem-solve exam scenarios, a series of steps must be followed.
Mastering these steps allows application to any given case scenario.
The process involves learning legal rules and principles (AO1) and then applying them to the scenario (AO2).
Overview of Negligence
When a wrong occurs, the claimant seeks remedies from the defendant.
To establish liability, the parties involved and their legal relationship must be considered.
Case law has developed, primarily concerning the duty of care, initially introduced by Donoghue v Stephenson (1932).
This case is a common law case that set a judicial precedent.
Donoghue v Stephenson (1932)
The case established three key rules:
Duty of Care
Breach of Duty
Damage or loss caused by the Breach
These elements must be proven to establish negligence and the defendant's liability.
Negligence Answer Framework
Establish whether the defendant owed a duty of care to the claimant. This is also known as a legal relationship and is the first step in problem-solving.
Donoghue v Stephenson (1932) - Key Principles
Established the modern law of negligence, requiring proof of Duty, Breach, and Foreseeable Loss.