Tort Law and Duty of Care in Samantha's Injury Case

BLE

Contents
INTRODUCTION...........................................................................................................................3
CASE STUDY.................................................................................................................................3
Case Overview.............................................................................................................................3
Tort and the Duty of Care............................................................................................................3
Doctrine of tort whether Extortionate PLC is liable for Samantha’s injury................................4
Ethical considerations..................................................................................................................4
Possible defence for Extortionate PLC........................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6

INTRODUCTION
The tort of negligence has been the legal wrong summed as the individual level of failure to
have the reasonably exercise the logical or caring level of actions. More to be explained as there
some have been suffered at other hands who have the failure n providing the reasonable care as
foreseeable risk (Deakin and Markesinis, 2019). There have been there form the point of view of
practical and financials manner to ensure their full account of the potential liabilities and
responsibilities. In this report there will be clear discussion on the case of Samantha and local
bank Extortionate PLC regarding the stair case injury case.
CASE STUDY
Case Overview
The case is regarding the implication of tort law and the duty of care in which two important
parties have been involved that’s in the Samantha and the existing level of local bank that’s is
Extortionate PLC. The case in such as last 2 weeks before Samantha went to the local bank for
the inquiring the loan where at the leaving the counter, she have been ripped and fallen form the
stir which have subsequently resulted in the brokering of wrist , hand and exposed nails. On the
other hand, the bank have clear implement with the exclusion clause limiting any liability against
personal injuries and damages to all customers using their facilities in clearly displayed in the
hall. In addition to the injured party have the information as many of customer like her have
fallen form the stair who have claiming for same compensation.
Tort and the Duty of Care
Tort law have been the body of law which have the provided the enabling of the people in order
to seek proper level of compensation for the wrong committed against the individuals. This can
be regarded as the action who have been cause as some type of harm which can be physical harm
to another or the harm to someone property of reputation (Polelle, Ottley and Lasso., 2019).
Under this law the harm or the injured person have the right to the seek the damages through the
courts. There have the four element of the tort which are followed as the presence of duty, the
breach of duty, the occurrence of injury and the breaches of duty which caused injury.
The law has the clear level of aim in order to provide the protection to individuals f from any
type of threat. However all the level of interest cannot be protected and some benefits from the
better protection which have resulted the importance of interest reflected by the respective
society.
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