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  2. Using Donoghue v Stevenson (1932), Caparo Industries plc v Dickman (1990) and Customs and Excise Commissioners v Barclays Bank plc (2007) and other relevant cases, critically discuss the merits of the three-stage test, also variously known as the ‘incremental approach or the ‘tripartite test’ for establishing a duty of care and its role in the concept of negligence.

Using Donoghue v Stevenson (1932), Caparo Industries plc v Dickman (1990) and Customs and Excise Commissioners v Barclays Bank plc (2007) and other relevant cases, critically discuss the merits of the three-stage test, also variously known as the ‘incremental approach or the ‘tripartite test’ for establishing a duty of care and its role in the concept of negligence.

QUESTION TO ANSWER:

Using Donoghue v Stevenson (1932), Caparo Industries plc v Dickman (1990) and Customs and Excise Commissioners v Barclays Bank plc (2007) and other relevant cases, critically discuss the merits of the three-stage test, also variously known as the ‘incremental approach or the ‘tripartite test’ for establishing a duty of care and its role in the concept of negligence.

Your essay should be written in an academic style, that is enriched with relevant cases and documented with citations, and a bibliography. The work must be word-processed and must not exceed 1500 words. ^ copy pasted from attached file.

Dont have to write more than 1375 words. Stating some sources below you need to use for the perfect answer n some help. They are also stated in the attachment and so is the question. You can view the attachment for a more clearer scope. Please use as many sources as you can.

Useful Resources

Kelly, D., Hammer, R., Denoncourt, J. and Hendy, J. (2020). Business Law. Fourth edition. Taylor & Francis.

Rouch, L. (2017), Business law, Fourth edition, Oxford University Press.

Marson & Ferris (2016), Concentrate business law, third edition, Oxford University press.

Jones, L (2017), Introduction to Business Law, Fourth edition, Oxford University press

Buckland, W.W. (1935) The duty to take care, LQR, 51: 637

Winfield, P.M. (1934) Duty in tortious negligence’ Columbia Law Review, 34(1), 41-46

Murphy, G. (2011) The snail and the ginger beer: the singular case of Donoghue v Stevenson, Commonwealth Law Bulletin, 37(1), 214-215

 


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