Why Was Proximate Cause An Issue In Palsgraf? It held that proximate cause did not exist because the railroad workers would not reasonably have foreseen that Mrs. Palsgraf was one of the people that would be hurt if they tried to push or pull a passenger onto the train. Without proximate cause, Mrs. Palsgraf could
What Are The 3 Levels Of Negligence? There are generally three degrees of negligence: slight negligence, gross negligence, and reckless negligence. Slight negligence is found in cases where a defendant is required to exercise such a high degree of care, that even a slight breach of this care will result in liability. What does wanton
What Are The Only Circumstances In Negligence Where Pure Economic Loss Can Be Recovered? The Murphy rule, and the “qualification” Legal and construction practitioners will no doubt be familiar with the general rule, established in Murphy v Brentwood District Council, that pure economic losses are only recoverable if they flow from a breach of contractual
What Does The Reasonable Person Standard For Negligence Mean? If a person acts in a way that a reasonable careful person would not act, or fails to take a precaution that we would expect from a prudent person, we can say that the defendant breached his duty of care – – the defendant acted carelessly