Question 1 – Negligence
Kevin (Plaintiff) intends to bring a civil claim in Negligence against Jenny, his employer (Defendant) for injuries sustained while carrying out work. (1) In order to be successful, P is required to establish all the below elements on the balance of probabilities (BOP). (1) D has the burden of disproving the elements and raising any applicable defences (1).
Duty of Care (DOC)
This deals with a relationship between employee (P) and employer (D) which is an established duty relationship; this means that there is a presumed DOC owed by D to P. (1) The neighbour principle is summarised in Donogue v Stevenson and states that a DOC is owed to other persons who are so closely affected by one’s actions that they ought reasonably have them in contemplation as being so affecte
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