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4 Cards in this Set

  • Front
  • Back

Origin

“The thing speaks for itself”


• Hard to gain evidence of actual negligence being committed against the C.


• “The negligence was so obvious it speaks for itself” > replaces the breach and causation/remoteness stages


• Three stage test is created


Scott v London Dock


GSM

Stage 1

1. The thing causing the damage was under the exclusive control of the D


Gee v Metropolitan Railway


Stage 2

2. Accident must be one that doesn’t happen in the absence of negligence


Scott v London Dock

Stage 3

3. there must be no other explanation for the injury.


Mahon v Osbourne