Essentials of Negligence | Law

Negligence
Running Head: LAW 504 0
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Student’s Name

LAW 504 1
Contents
Issue.................................................................................................................................................2
Laws.................................................................................................................................................2
Application......................................................................................................................................4
Conclusion.......................................................................................................................................5
References........................................................................................................................................6

LAW 504 2
Issue
What liabilities Betapharm Ltd in respect to Alice, Bob, and Dan?
Laws
A tort is defined as civil wrongs that exist in many forms. Negligence is one of the
common types of Tort where a person breaches his/her duty of care that he/she owes to others. A
duty of care seems to be a breach in those situations where the person who has such duty fails to
act as a responsible and reasonable person. To be successful in a claim of negligence some
factors are required to be established before a court that is known as elements or essentials of
negligence. These elements have been developed and decided in the decision of many cases over
a period. The very first element or requirement of negligence is presence of standard of care. The
element says that to pursue a claim of negligence, a duty of care must be there. The question
arises in such a situation is that a person owes such duty to whom. The decision of the case of
Donoghue v. Stevenson [1932] All ER 1 answer this query where it was given that a person owes
such duty to his/her neighbor. For a person, a neighbor is an individual who is directly affected
by the act of such person. The duty exists where a reasonable person could foresee the harm.
Another element is the breach of owed standard of care. Section 5B(2) of the Civil
Liability Act (2002) NSW provides some factors to check whether the duty has been breached or
not. The first factor is the likelihood of harm, which has been determined under the case of
Bolton v. Stone [1951] AC 850. The second element has been decided under the case of Paris v.
Stepney Borough Council [1951] AC 367 that states that harm must be serious if does occur.
Under the third requirement courts, check that what efforts a reasonable person would have