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Understanding Negligence Law: Duty of Care and Liability Explanation

Explore the concept of negligence in the law of torts, focusing on duty of care, breaches, damages, and causation. Learn about the Donoghue v. Stevenson case and the requirement for proving negligence.

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Understanding Negligence Law: Duty of Care and Liability Explanation

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  1. Negligence （疏忽） When a person owes a duty of care to another and breaches that duty which cause damage (physical/emotional and consequential ecomonic loss) to that other person.

  2. Neighbour Principle • Law of torts (侵權行為法) imposes a duty to take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure a neighbour • “neighbours” means persons so closely affected by the acts that these persons ought reasonably to be in my contemplation as being so affected when I am about to do those acts : Donoghue v. Stevenson (1932)

  3. Contract Tort Man Manufacturer X Ladyfriend X Retailer Consumer (Neighbour)

  4. What a victim （受害人）has to prove（證明）? • Duty of Care (謹慎責任)(owed to P (原告人)) • Breach of Duty (失職) • Damages suffered by the victim • Causation (因果關係) • Damages are NOT too Remote

  5. Question & Answer

  6. THANK YOU! 多謝！ Mr. Godwin K.H.Chan 陳國雄律師

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