Negligence and Misstatement in Law

Running head: ENTERPRISE LAW
Enterprise law
Name of the Student
Name of the University
Author Note

1ENTERPRISE LAW
Part A
According to the law of negligence, any person who owed a duty of care towards another
person breaches such duty and causes damages to the aggrieved, shall be held liable for
committing negligence as was held in Donoghue v Stevenson [1932]. In order to claim for
negligence, the plaintiff must establish the following elements:
 Duty of care- the defendant had a duty of care towards the plaintiff in the circumstances
in the question;
 Breach of duty of care- the defendant committed a breach of such duty of care;
 Plaintiff suffered damages- due to the breach of duty of care, the plaintiff had suffered
losses;
 Proximate cause- the defendant could foresee the risk that would cause damage to the
plaintiff;
In the given scenario, Mr. Philpott allowed the seven years old children to roam around the
zoo in pairs and explained to them about the dangerous characteristics of the Zoo animals.
However, being a teacher, he owed a duty of care towards the children as they were accompanied
to the zoo with the teachers so they are responsible for the safety of the children.
The teacher failed to carry out his duty of care that he owed to the children as for any prudent
person it is reasonably expected that a 7-year child is unable to take care of himself and since the
teacher had taken them to the excursion, it is their responsibility ensure their safety. Further, the
teacher had caused damages that were within the scope of the risks that was reasonably
foreseeable by the teacher.