Tort law coursework
I have to attempt the following question:
In Donoghue v Stevenson [1932] AC 562, Lord Atkin referred to ‘acts or omissions which you can reasonably foresee would be likely to injure your neighbour’. However, n Smith v Littlewoods Organisation Ltd [1987] 1 All ER 710, Lord Goff stated: ‘the common law does not impose liability for what are called pure omissions’.
Critically assess the circumstances in which a failure to act may give rise to a claim in negligence.
Do i have to deal with the neighbour principle, Anns v Merton and Caparo tests? Or should i tackle directly the 4 exceptions set out in Smith?
thanks for your help!
In Donoghue v Stevenson [1932] AC 562, Lord Atkin referred to ‘acts or omissions which you can reasonably foresee would be likely to injure your neighbour’. However, n Smith v Littlewoods Organisation Ltd [1987] 1 All ER 710, Lord Goff stated: ‘the common law does not impose liability for what are called pure omissions’.
Critically assess the circumstances in which a failure to act may give rise to a claim in negligence.
Do i have to deal with the neighbour principle, Anns v Merton and Caparo tests? Or should i tackle directly the 4 exceptions set out in Smith?
thanks for your help!
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