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Directions (Q. 82 - Q. 83):
Apply the legal principles to the facts given below and select the most appropriate answer
Legal Principles :
1. The Tort of Negligence is a legal wrong that is suffered by someone atthe hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationshipof proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred ‘but for’ the negligence of the defendant. The claimant must prove, on the balance of probabilities, thatthe defendant’s breach of duty caused the harm.
Apply the legal principles to the facts given below and select the most appropriate answer
Legal Principles :
1. The Tort of Negligence is a legal wrong that is suffered by someone atthe hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationshipof proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred ‘but for’ the negligence of the defendant. The claimant must prove, on the balance of probabilities, thatthe defendant’s breach of duty caused the harm.
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