LLB105 Study Guide - Final Guide: Queensland University Of Technology, Contributory Negligence, Lexisnexis

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16 Oct 2018
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I would like to submit to the court the facts to prove that. Mr anderson was indeed negligent regarding the gate left open on his property and as a result his chickens escaping and causing chaos on the street. This demonstrates mr anderson"s breach of duty owed to ms barnes which resulted in extensive damage to her car. To prove to you the notion of negligence, three elements must be satisfied. To establish whether or not negligence has occurred in this particular circumstance, i would like to firstly address the court with regards to duty of care. Now that it has been clearly established that mr anderson owed a duty of care to ms barnes, we will now outline the standard of care required and whether or not that standard was breached. Anderson owes the standard of care of a reasonable pet owner in containing his animals to avoid them causing risk to others.