Action of Negligence Case: Millie vs Huck

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Issue:

Can Millie (plaintiff) bring an action of negligence against Huck (defendant) and prove he should be held liable for her loss and damages.

Law:

In the law of tort, negligence was established in Donoghue v Stevenson [1932] AC 562. It can be described as ‘an omission to do something that a reasonable person would do, or doing something that a prudent and reasonable person would not do. It is the failure to exercise reasonable care and skill’ (Gibson & Fraser 2013, p.166).

Application:

In a negligence claim, ‘a person is only liable for harm that is a foreseeable consequence of their actions’ (Gibson & Fraser 2013 p.166). Due to this, the plaintiff must establish: that the defendant owed them a duty of care, they breached that duty of care and they suffered actual loss or damages (UniSA 2013, p. 42).

Duty of Care

When establishing if Huck owed a duty of care to Millie it is crucial to determine two elements: the foreseeability of harm and the vulnerable of the plaintiff (UniSA 2013, p. 43). Reasonable foreseeability was established by Lord Atkin in Donoghue v Steve...

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