Negligence in Law of Torts: Analysis of Standard of Care and Balance of Interests

This report critically analyses whether the standard of care in negligence provides a fair and flexible balance between the interests of claimants and those of defendants. It covers aspects related to negligence which is part of tort like breach of duty and standard of care.

LAW OF TORTS

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY ..................................................................................................................................1
Critically analyse whether the standard of care in negligence provides a fair and flexible
balance between the interests of claimants and those of defendants...........................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................8

INTRODUCTION
Law of torts means those laws which are based upon those legislations within which civil
wrong is included that causes suffer loss or harm which results in legal liability for person that
commits tortious activity. Under law of torts various kinds aspects like tress pass, vicarious
liability, negligence and vicarious liability. These are based upon various kinds of civil wrong
that has been taking place within society on daily basis. Also, law of torts deals with exclusive
breach taking place in relation to law. Scope of law of torts is wider as it deals over daily wrong
that takes place within society. In this report various aspects related to negligence which is part
of tort is covered like breach of duty and standard of care. Further, statement is required to be
critically analysed that is'' standard of care in negligence provides a fair and flexible balance
between the interests of claimants ''.
MAIN BODY
Critically analyse whether the standard of care in negligence provides a fair and flexible balance
between the interests of claimants and those of defendants.
Tort regulation is primarily based totally upon governing the treatments for civil wrong.
The man or woman is responsible for wrongful act that has been taken accidentality or
intentionally. In this injured or aggrieved is been compensated through making them pay
damages. Under the legal guidelines damages encompass repayment for lack of belongings,
scientific expenses, intellectual or bodily incapability, ache and struggling, and punitive damages
to punish the wrongdoer(Luppi and Parisi, 2018). The declare has stand up inside civil suits,
besides contractual claims are ruled via way of means of tort regulation. The aim of tort
regulation gives alleviation from wrongful acts that is primarily based totally upon financial
repayment. Tort consists of bodily and intellectual damage, harm or lack of belongings with
monetary loss. The injured birthday birthday celebration are seeking repayment in courts trial.
As per the Ktisty book over laws of torts it has been provided that a comprehensive, portable
library of leading cases are involved within the book. The book has presented wide range of
extracts that is connected over the essence of law of torts. The concise author commentary is
focused upon key elements within the extracts. Statutory materials includes necessary for
understanding about the subject included within law of torts. The material of this book is
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included that is necessary for understanding about subject. This book has been examines about
tort of negligence included within chapter over basic principles of duty of care, omission and act
of third party. The liability of public bodies, psychiatric harm, economic loss, breach of duty,
causation and remoteness of damage and defences is covered. As per the book the basic elemnets
included within law if torts are given as follows:
 Duty of Care: The plaintiff calls for to show that defendant very own him responsibility
of care and makes a breach of same. The nature of responsibility for negligence is solely
criminal and now no longer ethical or religious.'Duty' may be visible as an responsibility
to be cautious with others.
 Breach of Duty: This is first circumstance that has established, the second one step leads
toward breach of responsibility. The defendant calls for over wearing responsibility like
affordable man. The finding out check which makes defendant for taking affordable care. Damage: It has been ensuing in breach of responsibility via way of means of defendant
and the plaintiff makes harm to go through a few harm. Tort of negligence is primarily
based totally upon omission of specific act that is dedicated at the same time as an
ongoing act completed via way of means of an man or woman.
The proposed book has marked relevant case which are
Tort Law presents a bridge among direction textbooks and key case judgments. This case
record summarizes the records and choice in Reeves v Commissioner of Police of the Metropolis
in this case House of Lords Martin Lynch devoted suicide while in a police cell. He had tried
suicide in advance that day with inside the cells on the magistrates. He had additionally tried
suicide on preceding occasions(Horsey and Rackley, 2019). He have been visible through a
medical doctor on the police station on arrival who said that he became now no longer
schizophrenic or depressed however became a suicide risk. The custody officer checked him at
1.fifty seven pm and left the hatch open. He became observed at 2.05 pm having used his blouse
as a ligature secured through the open hatch. He became not able to be resuscitated and died
every week later. The defendant argued that as Lynch became of sound thoughts his voluntary
and knowledgeable act of suicide broke the chain of causation. Court held in the act of suicide
became the very component that the police have been below a obligation to save you to deal with
this as a novus actus interveniens could deprive the obligation of any substance. Therefore the
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defendant became liable, but damages have been decreased through 50% below the Law Reform
(Contributory Negligence) Act 1945.
Relevant case related to negligence as per tort law with text and material 6th edition Oxford
Nuisance and the rule in Rylands v Fletche
Rylands v FletcherHouse of Lords The defendant owned a mill and built a reservoir on
their land. The reservoir turned into located over a disused mine. Water from the reservoir
filtered via to the disused mine shafts after which unfold to a running mine owned via way of
means of the claimant inflicting significant harm. Court held that the defendants had been strictly
answerable for the harm as a result of a non- herbal use of land.
Breach of duty of care occurs when a person conducts fail for meeting an applicable
standard over care. This is an important element of negligence which conducts fails to meet
required care of standard amounts to breach of duty(Horsey and Rackley, 2021). Under breach of
such duty defendant's conducts fails to meet required standard of care they have conducted
breach of duty. For example, a driver may breach his duty to other drivers to drive safely by
texting while driving. Elliott & Quinn's Tort Law is the primary desire in case you are a
regulation scholar searching out a tort regulation textbook which provides: Straightforward
insurance of the essential prison ideas written with the aid of using a famous writer group
regarded for making the issue easy-to-examine with out compromising on educational rigour.
Succinct insurance of all key instances and their ideas and implications can education making
use of those to examination fashion questions. An know-how of ways the regulation operates
withinside the actual global and a top level view of destiny reform alternatives to assist to expand
your personal perspectives at the effectiveness of the modern-day laws.
The book of tort law 4th edition Oxford university press, 2017, Combines key instances
and substances with widespread writer textual content, imparting college students with a stand-
by myself resource Extracts from a extensive kind of reassets inspire college students to gather a
very good knowledge of a selection of various perspectives This textual content excels in its
readability of expression supporting college students to understand the complexities and
demanding situations surrounding tort law The two-coloration web page layout permits the
reader to differentiate effortlessly among the writer textual content and the case extracts
The book of Cooke over torts law
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As per the, book the most effective case law is Pitts v Hunt in this example the claimant,
Mr Pitts(elderly 18) and Mr Hunt (elderly sixteen) had friendship. Also, they went out for a night
together. Mr Hunt gave the Claimant a boost at the lower back of his trial bike that changed into
Suzuki 250cc. He did now no longer had license to journey the motorcycle on street and
certainly the engine potential for sixteen 12 months antique to journey legally is 50cc. Also, he
does now no longer have tax or any type of insurance. Since they've fed on alcohol on the
vacation spot and Mr Hunt Twice changed into using over the limit(Pi, 2021). Nevertheless, the
pair launched into their adventure domestic at the motorcycle. Witnesses gave proof that the 2
have been glaringly very under the influence of alcohol and Hunt changed into using recklessly
and erratically(Kysar, 2018). He changed into zig-zagging down the centre of an A street at
notable pace, with each the events shouting and jeering. Mr Pitts changed into jeering Mr Hunt
on and inspiring the damaging using. At one time, Mr Hunt drove dangerously near a witness on
the way to scare them. Unfortunately Mr Hunt hit an oncoming auto mobile whilst he changed
into visiting at pace on the incorrect aspect of the street. Mr Hunt changed into killed and the
Claimant changed into left completely in part disabled. He added an motion for the accidents
sustained towards the private representatives of Mr Hunt. In their defence they raised the
defences of volenti non suit injuria, contributory negligence and ex turpi causa. The trial choose
held that the Claimant couldn't get better primarily based totally at the truth that ex turpi causa
operated to ward off the imposition of a obligation of care and additionally that the Claimant
changed into 100% accountable for his very own accidents below the Law Reform (Contributory
Negligence) Act 1945. On the difficulty of volenti he held that s.148(3) of the Road Traffic Act
1972 precluded the software of the defence. In this example courtroom docket held that “Ex turpi
causa and public coverage did perform to ward off the imposition of a obligation of care. The
trial choose changed into incorrect in precept in locating that the Claimant changed into 100%
contributory negligence for the reason that wording of the Act precluded this type of locating.
S.148(3) of the Road Traffic Act did ward off the software of the defence of volenti non suit
injuria”. Thus it can justify breach of obligation of care.
Standard of care in law of tort
The Oxford Journal of Legal Studies is posted on behalf of the Faculty through Oxford
University Press, and its editorial board is a committee of the Faculty. It is designed to inspire
hobby in all subjects regarding regulation, with an emphasis on subjects of concept and on wide
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troubles springing up from the connection of regulation to different disciplines. No subject
matter of felony hobby is excluded from consideration. In addition to conventional questions of
felony hobby, the subsequent are all inside the purview of the journal: comparative and
worldwide regulation, the regulation of the European Community, felony records and
philosophy, and interdisciplinary fabric in regions of relevance. So, the primary component that
has been protected is primarily based totally over Medical Negligence on this an character is
predicted to own the specified ability and know-how of obligations while running inside fitness
care career. Es specifically the scientific career inside which the stake is high, a large onus
relates with practitioner for taking care whilst selecting and administrating unique remedy of
patent. Example a physician administers anaesthesia to affected person earlier than surgical
treatment however the quantity of anaesthesia can't accept greater then dosage exact for adult.
This purpose loss of life of affected person amounting to scientific negligence(Luppi and Parisi,
2018). The vital time period gift inside it is Res Ipsa Loquitor.
Standard of care when defendant is at high risk and vulnerability and higher standards for
professionals
The Modern Law Review is a general, peer-refereed magazine that publishes authentic
articles regarding not unusual place regulation jurisdictions, and an increasing number of to the
regulation of the European Union. In addition to publishing articles in all branches of the
regulation, the Review includes sections committed to latest regulation and reports, to case
analysis, and to check articles and ee-e book reviews. In this book precise approach in selecting
standard of care, it is moral duty of defendants to ensure professional lawyers who have enough
knowledge. It is also one of the key roles of defendants to ensure that their proceedings are
carrying out in a professional manner with the compilation of laws and regulations. The
professionals are assisted with utmost care and control by the legal authorities (Spitzer, 2019).
The supervision and control by courts is also considered by different courts when they provide
professional care and approach. Most of the cases related to professional standard of care are in
courts and they are pending since a long time. It is a lengthy and more time taking process due to
the formalities and acts applied by many courts. The professional care and development are two
major approaches which can be considered by a defendant when they file any case in court. The
duty of court is to ensure that the working of the case is going right due to development of
policies and plans that are effective in providing effective remedies and solutions. The
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defendants should also follow the proceedings of court and provide honest opinions related to
their nature of case.
In relation to case of negligence it has been marked out that proof lies over plaintiff. It
becomes plaintiff's job for proving that defendant does not negligently over cause of damage to
plaintiff. Thus the need for procurance of such negligence suffices with circumstances that
principles of ‘Res Ipsa Loquitor‘ which is invoked meaning of things speak for themselves. In
case of circumstances pointed towards defendants for his negligence the court presumes with
negligence damaging with plaintiff due over wrongful actions.
Relevant case law
Willsher v Essex Area Health Authority in this situation a untimely toddler became
given an excessive amount of oxygen via way of means of junior doctor. The toddler suffered
from situation affecting his retina that left him definitely blind with one eye and in part sighted in
different conditions. The situation can be because of extra oxygen that has been uncovered to do
or it's been because of 4 different factors unrelated to oxygen however is associated with
untimely start of toddler. The trial choose has based that Health Authority liable(Trakman,
Walters and Zeller, 2019). The context of McGhee v NCB said that McGhee has reserved the
load of evidence wherein there has been extra viable cause. In this situation courtroom docket
held that defendant became in breach of obligation. Also, obligation of junior medical doctors
owes the identical fashionable of care as an certified doctor. McGhee does now no longer reserve
burden of evidence which stay with claimant.
Thus through these case the above statement can be justified the standard of care is an
important part of negligence and is interconnected with breach of duty which is among the four
element of tort of negligence.
CONCLUSION
From the above discussion it can be concluded that law of tort is an important law which
is used for developing legal structure against civil wrongs. In the above discussion the main part
covered is negligence and its various elements. Also, breach related to duty of care and its
relation with standard of care has been covered. These are explained with the helps of important
case laws.
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REFERENCES
Books and Journals:
Chamallas, M., 2018. Will Tort Law Have Its# Me Too Moment?. Journal of Tort Law, 11(1),
pp.39-70.
Condon, R., 2022. Network Responsibility: European Tort Law and the Society of Networks.
Cambridge University Press.
Condon, R., 2022. Network Responsibility: European Tort Law and the Society of Networks.
Cambridge University Press.
Deakin, S. and Markesinis, B., 2019. Markesinis and Deakin's tort law. Oxford University Press,
USA.
Goldberg, J.C., Kendrick, L.,and Zipursky, B.C., 2021. Tort law: Responsibilities and redress.
Wolters Kluwer.
Horsey, K. and Rackley, E., 2019. Tort law. Oxford University Press, USA.
Horsey, K. and Rackley, E., 2021. Casebook on Tort Law. Oxford University Press.
Kysar, D.A., 2018. The public life of private law: Tort law as a risk regulation
mechanism. European Journal of Risk Regulation, 9(1), pp.48-65.
Luppi, B. and Parisi, F., 2018. Behavioral models in tort law. In Research Handbook on
Behavioral Law and Economics (pp. 221-246). Edward Elgar Publishing.
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