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Words: | Submitted: Fri Jan 28 2005
... find themselves legally entangled. Indeed, in the majority of tort cases there has been no relationship at all between the parties before the "wrong" is done. Instead the law creates a legal relationship between the person who does something wrong and the other person who suffers from it. (Finch.J, 1981) "The rule that you are to love your neighbour becomes in law, you must not injure your neighbour. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour." (Donoghue vs. Stevenson, a 1932 English case.) "Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The defendants might have been liable for negligence, if, unintentionally, they omitted to do that which a reasonable person ...
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