"neighbour principle "内容的翻译persons who are so closely and directly affected (proximity) by my act that I ought reasonably to have them in contemplation (foreseeable) as being so affected when I am directing my mind to the acts or omissions
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"neighbour principle "内容的翻译persons who are so closely and directly affected (proximity) by my act that I ought reasonably to have them in contemplation (foreseeable) as being so affected when I am directing my mind to the acts or omissions
"neighbour principle "内容的翻译
persons who are so closely and directly affected (proximity) by my act that I ought reasonably to have them in contemplation (foreseeable) as being so affected when I am directing my mind to the acts or omissions which are being called in question.在尾部我不是很明白他说什么东东“as being so affected when I am
directing my mind to the acts or omissions which are being called in question.”求这部分的翻译.谢谢了...
"neighbour principle "内容的翻译persons who are so closely and directly affected (proximity) by my act that I ought reasonably to have them in contemplation (foreseeable) as being so affected when I am directing my mind to the acts or omissions
注意义务 ( Duty of care )
(1) Donoghue v.Stevenson [1932] A.C.562一案中,原告购买了一瓶姜啤,喝了一半后,后现瓶内有蜗牛残骸,因而控告姜啤制造商有过失.法院判定生产商对最后消费者负有注意义务,即瓶内不应存在害的物质.
Lord Atkin判词中说：「你一定要尽注意义务,避免一些合理地预见到会伤害你的邻居的行为或过错.」邻居指被告应该合理地预见到,会受上述行为或过错直接和接近地影响到的人.这是所谓「邻居原则」( neighbour principle ).
(2) 测试是否有注意义务,应考虑损害是否可以预见,又双方是否很接近.
(3) 原告只要是被告所预见到的一类人即可,无需是特定的个人.
Haley v.London Electricity Board一案中,被告公司在街上挖了一条沟,并做了一些适合明目人士的警告设施.原告是盲人,因警告设施不足而致受伤.法院判被告公司应预见到街上有盲人走动.
楼上说的刚好是我要找的！！！谢谢了！