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The law of negligence

Is the Stephenson case out dated?

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Yes, and no. It is the basis of any claim in Negligence, and is still a relevant case due to how our precedent system works. However, the rules laid down in this case have been amended somewhat by subsequent cases, the current leading case for general negligence is Caparo Industries v Dickman (1990), which sets out a three stage test in order for a person to bring a negligence claim.The three tests are;1. Harm must be reasonably forseeable (this was the original rule from Donoghue v Stevenson)2. The parties must be proximate (meaning close, either physically or in a relationship); and3. It must be fair, just and reasonable to impose liability (this allows Courts to prevent claims being brought 
Connor W.
22 March 2017
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