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Mountaineer’s knee – object lesson in negligence law (21 April 2017) (New Zealand)

Chapman Tripp

The building blocks for most claims in contract and negligence are deceptively simple - claimants must establish that they were owed a duty, that the duty holder breached that duty and that the breach caused them to suffer loss.

But, as a recent judgment of the UK Supreme Court reminds us, there is a further test. The claimant must also show that the loss suffered was within the scope of the defendant's duty.

Claimants and defendants need to be aware of this requirement and professionals should bear it in mind when giving advice to their clients. Which brings us to the mountaineer's knee…

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