Section A

A manufacturer of autonomous delivery drones releases a software update that contains a negligent coding error. As a result, a drone crashes into a pedestrian's greenhouse, causing property damage. The pedestrian has no contract with the manufacturer. Under the tort of negligence, which of the following must the pedestrian prove to establish a duty of care?

Answer options:

That the manufacturer had a strict liability obligation to prevent all crashes.

That damage was reasonably foreseeable, there was proximity between the parties, and it is fair, just, and reasonable to impose a duty.

That the pedestrian was a direct consumer of the manufacturer's products.

That the manufacturer breached a statutory duty under the Sale of Goods Act.

How to approach this question

Recall the test for establishing a duty of care in the tort of negligence.

Full Answer

B.That damage was reasonably foreseeable, there was proximity between the parties, and it is fair, just, and reasonable to impose a duty.✓ Correct

To establish a duty of care in negligence, especially in novel scenarios, the courts apply the Caparo v Dickman test: 1) reasonable foreseeability of harm, 2) sufficient proximity between the claimant and defendant, and 3) it must be fair, just, and reasonable to impose a duty.

Common mistakes

Confusing contract law (privity) with tort law. Tort law does not require a contractual relationship.

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