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Tort Law help watch

    • Thread Starter

    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?

    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.
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