hey I was just wondering if anyone could help me
My coursework question is a problem question on negligence and I'm a little confused.
Would I need to establish that a cricket club which backs onto a road, owes a duty of care to prevent balls that are hit out of the ground from hitting motorists or is that duty already established, in which case I would just need to focus on proving the breach of duty?
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- Thread Starter
- 23-12-2010 13:15
- 23-12-2010 13:18
Look at Bolton v Stone and Miller v Jackson, for starters. Always look for an existing duty of care, or a case establishing that there is no duty of care, before proceeding to tests to establish a new duty.
In a problem question, you should probably consider each element--though some elements will be so obvious as to need the barest consideration, while others are less clear.Last edited by jjarvis; 23-12-2010 at 13:21.