What is the tort of Negligence
Principles have been applied since the case of Donoghue v
Stevenson(1932)
To sue in Negligence the claimant must Prove 4 things:
1. That the defendant owed the claimant a duty of care(3 step test)
2. That the defendant breached the duty of care
3. That the breach caused an injury
4. That the injury was not too remote . Must be injury to sue in negligence.
Where it gives rise to personal injury ad product liability case must be
taken to PIAB
The limitation period must be 2 years from the date of knowledge.
1. Modern development and current position in the
United Kingdom and Ireland
In both Ireland and UK there is a three step method to establish a duty
of care In UK:
1. Is there a relationship of proximity and foreseeability between the
parties( Read Donoghue v Stevenson1932)-'Neighbourhood Principles'
2. Are there policy reasons which should exclude Duty( Read Anns V
Merton Urban District Council 1978)- Developing neighbourhood
principle
3. Is it Fair, Just and reasonable to impose a duty of care( Read Caparo
Industries PLC V Dickman 1990)
In Ireland(1944-2002):
1. Proximity(May be a connection in time, Distance, Relationship or some
other connection factor) and Foreseeability(The injury must be a
consequence which a reasonable person would anticipate as a possible
result of the defendants conduct)-Read case Purtill V Athlone UDC(1968)
2. Public policy(Ward V McMaster 1985) and its considerations(HMV V
Ireland 1997)
3. Fair, Just and reasonable to impose duty of Care(Glencar explorations V
Mayo county council 2002)
Subsequent adoption of the three step test
Whelan V Allied Irish Bank and another(2014)-Third step test would only
apply if a duty of care has not already been established.
Ennis V HSE(2014)-Chief Justice Clarkes findings.
2. Breach of duty of care
Principles have been applied since the case of Donoghue v
Stevenson(1932)
To sue in Negligence the claimant must Prove 4 things:
1. That the defendant owed the claimant a duty of care(3 step test)
2. That the defendant breached the duty of care
3. That the breach caused an injury
4. That the injury was not too remote . Must be injury to sue in negligence.
Where it gives rise to personal injury ad product liability case must be
taken to PIAB
The limitation period must be 2 years from the date of knowledge.
1. Modern development and current position in the
United Kingdom and Ireland
In both Ireland and UK there is a three step method to establish a duty
of care In UK:
1. Is there a relationship of proximity and foreseeability between the
parties( Read Donoghue v Stevenson1932)-'Neighbourhood Principles'
2. Are there policy reasons which should exclude Duty( Read Anns V
Merton Urban District Council 1978)- Developing neighbourhood
principle
3. Is it Fair, Just and reasonable to impose a duty of care( Read Caparo
Industries PLC V Dickman 1990)
In Ireland(1944-2002):
1. Proximity(May be a connection in time, Distance, Relationship or some
other connection factor) and Foreseeability(The injury must be a
consequence which a reasonable person would anticipate as a possible
result of the defendants conduct)-Read case Purtill V Athlone UDC(1968)
2. Public policy(Ward V McMaster 1985) and its considerations(HMV V
Ireland 1997)
3. Fair, Just and reasonable to impose duty of Care(Glencar explorations V
Mayo county council 2002)
Subsequent adoption of the three step test
Whelan V Allied Irish Bank and another(2014)-Third step test would only
apply if a duty of care has not already been established.
Ennis V HSE(2014)-Chief Justice Clarkes findings.
2. Breach of duty of care
