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Negligence

    “Negligence has expanded into areas which Lord Atkins could never have foreseen when he established the neighbour principle in Donoghue v Stevenson. Negligence should be restricted in its application. How would this happen? Critically discuss in light of The tort of negligence is never closed and is being developed through cases that come before the courts continuously. Lord Atkins and his fellow judges, while presiding over the Donoghue v Stevenson case in 1932, (Simpson, 2003:Lecture Notes) came up with a definition of what constituted negligence but failed to restrict its meaning to exclude trivial cases. It is obvious, tracing the history of negligence cases post- Donoghue v Stevenson, that alternative decisions needed to be made in many cases or new legislation brought in with clauses to regulate the principles of negligence. Negligence is a tort and is therefore a category of law in which there is a dispute about the fault of one person as a contributing factor in the causal injury or damage to another person (Brown & Bailey, 2002:118). The development of the law of torts occurs on a basis of precedent in which like cases follow like decision (stare decisis) and are either binding or persuasive depending on which

Approximate Word count = 1877
Approximate Pages = 8 (250 words per page double spaced)

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