What is the case authority for the negligence requirements (duty, breach etc.)?! Watch

Yazooo
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I know that to prove negligence you must show the following: duty of care, breach, causation and remoteness.

But what authority do you cite for this in a problem question in the exam? Is it Donoghue v Stevenson? Can you cite a good textbook like Winfield & Jolowicz? Or do you not need a citation for some reason?

I can't find an answer anywhere so I would appreciate any help...!!! :confused:
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Yazooo
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Bump!
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Apax
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Depends how the question is asking you.

General authorities can be something like this:
http://www.e-lawresources.co.uk/Negligence.php

For LLB exam on negligence, you should not (I mean - don't!) cite a textbook. Textbook is NOT an authority for law (unless you are doing academic/philosophical subjects such as international law or constitutional law). Citation is always needed if you are making a point of law, just to back up your reasoning (since you can't just say "No, he is wrong! Because I said so!"). Instead, you should say something like:

"1) The defendent could/may have breached his duty of care for personal injury 2) because bla bla bla (there is a duty of care, there is a breach, remoteness, neighbouring test etc) 3) and that those duties and tests are establish under the *cite cases*... etc. etc. 4) Then, in conclusion, base on the facts (briefly rephrase the facts in question, but don't spend too much time on copy and paste! You get NO MARKS from it. One paragraph-ish is enough!) the defendnet has breached his duty of care and will be liable for the claimant's loss."

General layout for a problem question is 1) an intro with an ambiguous tone such as "may be/may not be" 2) reasoning/law principles 3) cite where you got them from (cases!) 4) conclude with an answer with an affirmative tone such as "has breached/has not breached"

Tip: Avoid subjective thoughts, don't say "I think, I believe, it is in my opinion". Because you are not the judge, just a green horn lawyer! You only do that when you are writing your CV or if the question is asking you "what do you believe in?"
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Yazooo
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(Original post by Apax)
Depends how the question is asking you.

General authorities can be something like this:
http://www.e-lawresources.co.uk/Negligence.php

For LLB exam on negligence, you should not (I mean - don't!) cite a textbook. Textbook is NOT an authority for law (unless you are doing academic/philosophical subjects such as international law or constitutional law). Citation is always needed if you are making a point of law, just to back up your reasoning (since you can't just say "No, he is wrong! Because I said so!"). Instead, you should say something like:

"1) The defendent could/may have breached his duty of care for personal injury 2) because bla bla bla (there is a duty of care, there is a breach, remoteness, neighbouring test etc) 3) and that those duties and tests are establish under the *cite cases*... etc. etc. 4) Then, in conclusion, base on the facts (briefly rephrase the facts in question, but don't spend too much time on copy and paste! You get NO MARKS from it. One paragraph-ish is enough!) the defendnet has breached his duty of care and will be liable for the claimant's loss."

General layout for a problem question is 1) an intro with an ambiguous tone such as "may be/may not be" 2) reasoning/law principles 3) cite where you got them from (cases!) 4) conclude with an answer with an affirmative tone such as "has breached/has not breached"

Tip: Avoid subjective thoughts, don't say "I think, I believe, it is in my opinion". Because you are not the judge, just a green horn lawyer! You only do that when you are writing your CV or if the question is asking you "what do you believe in?"

Firstly, thank you for taking the time to answer.

I think you misunderstood my question though. I know the authorities for each individual element of negligence. So, for example, I know that the Caparo test is authority for duty of care requirements. But, I want to know what the case authority for the actual definition of negligence is?

The site you linked says "The modern law of negligence was established in Donoghue v Stevenson"...so I guess I should cite this case?

So for example in a problem question I'd say:

The tort we are dealing with in this case is negligence. Negligence is a breach of a duty of care that causes foreseeable damage (Donogue v Stevenson). [And then I'd go on to consider the individual elements of negligence].

Hope this makes sense?
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husmie
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yes, the general case law for negligence is Donoghue v Stevenson
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Apax
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Yes, what husmie said. Donoghue v Stevenson is what all modern law on negligence branch out of, like a root of a tree. So you should not go wrong when citing it in the exam.

Just a study tip, I would advise you to go to the book shop and pick up one of those law study guide on tort. It is generally 50-60 pages long and it shouldn't take you a day to finish.

Don't use that on the exam though as it lacks details. Use it as a road map for your studies. It works wonderfully as it gives you a check list in case you are thinking "What have I missed?"
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Yazooo
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(Original post by husmie)
yes, the general case law for negligence is Donoghue v Stevenson
(Original post by Apax)
Yes, what husmie said. Donoghue v Stevenson is what all modern law on negligence branch out of, like a root of a tree. So you should not go wrong when citing it in the exam.

Just a study tip, I would advise you to go to the book shop and pick up one of those law study guide on tort. It is generally 50-60 pages long and it shouldn't take you a day to finish.

Don't use that on the exam though as it lacks details. Use it as a road map for your studies. It works wonderfully as it gives you a check list in case you are thinking "What have I missed?"
Thank you guys. :bigsmile:
Apax, you're right, I should invest in one. I have one for all my other modules and was thinking of getting one for tort as well.
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