Liability of Sam in Three Aircraft Losses Due to Negligence

Business Law
Assignment
Running head: 0
Student’s Name
Address

1
Contents
Issues................................................................................................................................................2
Rules................................................................................................................................................2
Application......................................................................................................................................3
Conclusion.......................................................................................................................................5
References........................................................................................................................................6

2
Issues
In the given scenario, due to the negligence of Sam, three aircraft suffered from losses.
All these three crafts faced different situations and losses. Now the issue is to check whether
Sam is liable towards all the three defendants or not? Moreover, if yes then what kind of
liability?
Rules
Tort is a very significant type of common Law. Under Tort law, a person owns a duty of care
towards another person (e-law resources, 2018). It means if a person does not own a duty of care,
then in such cases, Tort Law cannot be applicable. Whenever a person breached his/her downed
duty of care then the can be held liable to pay damages to the parties suffered. Further, there are
many ways in that a person can breach his/her duty of care. The lead ways are negligence,
Nuisance, and Defamation. All the mentioned three terms are situations, in which a person will
be held liable to breach the duty of care. Negligence is a situation where a person who owns a
duty of care, behave negligently and carelessly while performing such duty and due to that, other
person suffers from a loss (Laws, 2018). In Conjunction with, this is also necessary to state that
damages can be in form of personal injury, financial loss or psychiatric injury under Tort Law.
Based on the kind and quantity of loss, the court decides damages in cases under this law.
As per the decision was given in the case of Re Polemis & Furness Withy & Company Ltd.
(1921) 3 KB 560, it was held that damages must be related to the act of defendant, i.e. loss
accrued to the party must have a direct relation to the act of the defendant. This case gives a