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    Law434 Tutorial Answer

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    MUHAMMAD FAIZ IMAN SAMSUL BAHRIN
    This document discusses the legal concept of negligence and the "neighbor principle" test used to determine who owes a duty of care. Specifically, it addresses whether Abu's grandparents would be considered neighbors to a company called XYZ Recycling if the company acted negligently. It explains that under the neighbor principle from Donoghue v Stevenson, a neighbor is someone directly affected by the negligent act. Therefore, to determine if Abu's grandparents are neighbors to XYZ Recycling, it must be proven that a negligent act by the company directly affected the grandparents.

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    Law434 Tutorial Answer

    Uploaded by

    MUHAMMAD FAIZ IMAN SAMSUL BAHRIN
    31 views2 pages
    This document discusses the legal concept of negligence and the "neighbor principle" test used to determine who owes a duty of care. Specifically, it addresses whether Abu's grandparents would be considered neighbors to a company called XYZ Recycling if the company acted negligently. It explains that under the neighbor principle from Donoghue v Stevenson, a neighbor is someone directly affected by the negligent act. Therefore, to determine if Abu's grandparents are neighbors to XYZ Recycling, it must be proven that a negligent act by the company directly affected the grandparents.

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    LAW434 TUTORIAL ANSWER

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    This document discusses the legal concept of negligence and the "neighbor principle" test used to determine who owes a duty of care. Specifically, it addresses whether Abu's grandparents would be considered neighbors to a company called XYZ Recycling if the company acted negligently. It explains that under the neighbor principle from Donoghue v Stevenson, a neighbor is someone directly affected by the negligent act. Therefore, to determine if Abu's grandparents are neighbors to XYZ Recycling, it must be proven that a negligent act by the company directly affected the grandparents.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    31 views2 pages

    Law434 Tutorial Answer

    Uploaded by

    MUHAMMAD FAIZ IMAN SAMSUL BAHRIN
    This document discusses the legal concept of negligence and the "neighbor principle" test used to determine who owes a duty of care. Specifically, it addresses whether Abu's grandparents would be considered neighbors to a company called XYZ Recycling if the company acted negligently. It explains that under the neighbor principle from Donoghue v Stevenson, a neighbor is someone directly affected by the negligent act. Therefore, to determine if Abu's grandparents are neighbors to XYZ Recycling, it must be proven that a negligent act by the company directly affected the grandparents.

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    © All Rights Reserved
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    of 2

    LAW OF TORTS I FINAL EXAMINATION (DECEMBER 2019)

    PART A

    ISSUE
    The issue is whether Abu’s grandparents are neighbors to XYZ Recycling under law of
    negligence if the company were to act negligently upon them.

    LAW
    Negligence is careless conduct. Negligence occurs when a person suffers damage as a result of
    another person’s carelessness. For an action to constitute negligence, certain elements need to
    be proven.

    First, neighbors in duty of care are someone who is adversely affected by the act of negligence
    that resulted in damage to him. In determining who are these neighbors that a person has a
    duty of care to is by using the test which is the “neighbor principle”. This principle is used in
    the landmark case Donoghue v Stevenson in which in this case, the defendant who is a ginger
    beer manufacturer sold a ginger beer to a retailer. The plaintiff’s friend bought the ginger beer
    which was later consumed by the plaintiff. It was later then that the plaintiff realized that there
    was a decomposed snail in the bottle after consuming half of the ginger beer. As a result, the
    plaintiff suffered shock and was severely ill. The plaintiff sued the manufacturer in which it was
    claimed that the manufacturer owes duty to the plaintiff. The court held the defendant liable as
    for the reasons that the defendant has duty of care towards the plaintiff since the plaintiff is the
    “neighbor” who is closely and directly affected by the act of negligence done by him. Also, the
    neighbor principle is an objective test in which the court will determine whether the act done by
    the defendant is the act of negligence or it is something that a reasonable man would do if faced
    with the same situation and circumstances.

    APPLICATION
    In the context of determining who are the neighbor of XYZ recycling if the company were to act
    negligently is the neighbor principle clearly stated that a “neighbor” is someone who is directly
    affected by the negligence act done by the defendant thus to find the neighbor of XYZ recycling,
    it must be proven that the negligence act done by the company has in anyway possible affected
    a person. If the person is affected then the answer is that the person is a neighbor to XYZ
    recycling.
    CONCLUSION
    In conclusion, to determine who is the neighbor to XYZ recycling, the neighbor principle needs
    to be applied as it is the test for it. Also, it must be noted that there can be an exception when
    using the neighbor principle as every fact of a case must be looked at thoroughly since one
    case will differ from another.

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