Liabilities in Tort - Assignment
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Added on 2021-05-31
Liabilities in Tort - Assignment
Added on 2021-05-31
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Running head: LIABILITIES IN TORTLiabilities in TortName of the StudentName of the UniversityAuthor Note
1LIABILITIES IN TORTAnswer 2:It is worthwhile to mention here that cases involving negligence usually refers to thefailure to take reasonable care. Therefore, it is worth stating that in order to be held liable fornegligence under the law of torts, it is important on the part of the defendant to owe-1)A duty of care to the plaintiff.2)A breach of that duty of care.3)The damage suffered by the plaintiff because of such breach.The duty of care under the law of tort includes legal duty rather than mere social or moralduty. The onus of proof lies upon the plaintiff. It is important to prove on the part of the plaintiffthat the defendant owned him specific legal duty of care, which has been breached by thedefendant. However, any statutory law has not defined such legal duty of care. It merely dependson the consequences of the case that whether such duty exists. In the landmark case ofDonoghue v Stevenson[1932] UKHL 1001, it was observed the appellant brought a bottle ofginger beer from a retailer. Before consuming the beer, some of the contents were poured in atumbler while the remaining part was consumed. However, when the appellant was pouring thecontents of the ginger beer into the tumbler, a dead and decomposed snail came out floating. Theappellant alleged the she seriously suffered medically as a consequence of drinking that gingerbeer. As a result of this, she brought an action against the manufacturer. The principle of duty of care was first established in the case Donoghue vStevenson[1932] UKHL 100. Therefore, the courts applied various factors in order to determinethat whether there was a duty of care on the part of the defendant. In the beginning, it has been1 [1932] UKHL 100.
2LIABILITIES IN TORTdifficult for the Courts to determine the fact that whether there exists a contractual relationbetween the plaintiff and the defendant, which would give rise to duty of care. The end resultwas that the Courts have engaged into a series of classifications of duties regarding theirexistence in property that may be real or personal. These classifications are based on furtherrelations for instance, property owner, sales representative, manufacturer or a stranger.Therefore, in this regard, it is noteworthy to mention here that, I this way it has been possible forthe courts to ascertain from time to time that whether a duty of care on the part of the defendanthas been recognized by the application of law. It is worth examining that the duty to take care onthe part of the defendant may arise out of various relations that may not enumerate exhaustivelyhowever; the Courts are at the authority to identify these duties when it seems to the Court to befair and just.In case of Donoghue v Stevenson[1932] UKHL 100, the defendants presented a numberof defenses. One of the most important points of defense from the part of the defendant was thatthere was no duty of care on his part towards the plaintiff. Therefore, in this case it was held bythe House of Lords that the manufacturer owes a duty of care to its customers. Similarly, therewas a duty of care on the part of the manufacturer because at the time of manufacturing it wasstated that the bottle do not contain any noxious materials and that he shall be liable for breach ofduty in its presence. According to Lord Atkin, a manufacturer of products sells his products withan intention to represent to the consumers that the products are safe from any kind of noxiousmatter. Therefore, it was held that manufacturers are aware of the fact that in the absence ofreasonable care in the preparation of products that may end up causing injury to the life orproperty of the consumer. The Courts held that there is a duty of reasonable care on the part ofthe defendant to the plaintiff.
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