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The Essay Assignment topic is as follows:
“We learn that negligence, as a legal concept, transcends mere inadvertent conduct and embraces a number of complex legal notions, the first and second of which are, arguably, the essentials of ‘Duty of Care’ and (breach of the) ‘Standard of Care’. We are told that the first essential in the law of negligence sets up an obligation to be careful in the circumstances and the second essential identifies the requisite amount of care needed in such circumstances and whether or not the standard has been met”.
After reflecting on the above statement, examine (within the scope of the course) the principles, tests, rules and guidelines relevant to establishing the first (ie Duty of Care) and second (ie Standard of Care) essentials for an action in Negligence.
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