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Words: | Submitted: Tue Jun 20 2006
... Dickman [1990], the test for duty of care must be answered in three stages. The first of these is the same as the Neighbour test. When applying this test to Beth, we must consider if the injuries Delia suffered were foreseeable and, as she knew that Angela had no previous experience, it would be fair to assume that she would not know how to construct a safe and secure rope bridge. Therefore, Beth owed a duty of care to the girls because it was foreseeable that her actions might result injuries. The second stage is proximity. The parties must be sufficiently closely connected for the duty to exist. (b) Alderson B in Blyth V Birmingham Waterworks [1856] said, "Negligence is the omission to do something a reasonable man... would do, or doing something which a prudent and reasonable man would not do." A reasonable person would not let an unqualified individual supervise ...
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