What Is The Neighbour Principle? Essay

1651 Words Jul 13th, 2015 7 Pages
Q5. What is the ‘neighbour principle’? Explain the term ‘neighbour’ and discuss where the term might be derived from.
Neighbour principle refers to the responsibility of reasonable care for that your act or omission to avoid injuries to persons who are close and directly in relation to the operation of the offender. The latter should take these people into account . This obligation is therefore not absolute and general . This, to whom the person has a duty of care, depends on the legal and factual situation in which the person is located. Thus, if the perpetrator had duty of care, the victim and his behaviour was negligent, the injured party is entitled to claim for damages. Otherwise, the obligation to pay compensation does not arise, because everyone has the right to be so careless to the whole world how much he pleases, unless it is burdened with the duty of care. Duty of care applies only to prevent predictable consequences, and its infringement does not give rise to liability for any damage. It is also a concept of a relative character. The offender is responsible only for certain persons, and not to all, as it only against certain persons have a duty of care. The duty of care provides proximity of perpetrators of the victims (which does not necessarily mean physical contact, but the relationship between the event and the damage) and the neighbour principle. This issue manifests itself at the level of liability for consequential damages.

Q6. Critically analyse the…

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