logo

The Law of Negligence

5 Pages1203 Words132 Views
   

University of kent

   

The Law of Tort (LW651)

   

Added on  2020-03-04

About This Document

This solution will discuss the law of negligence, a tort law that was derived in 1932 where it was decided that the defendant is under a legal duty to provide care to the plaintiff against all his acts provided the plaintiff and the defendant shares a proximate relationship. This assignment also includes laws, Issues and the application of the law. 

The Law of Negligence

   

University of kent

   

The Law of Tort (LW651)

   Added on 2020-03-04

ShareRelated Documents
1ContentsIssues...........................................................................................................................................................1Law.............................................................................................................................................................1Application of law.......................................................................................................................................2Conclusion...................................................................................................................................................3Bibliography................................................................................................................................................4
The Law of Negligence_1
2Issuesi.Can Aurora and Mulan sue Mac Tools for not specifying the instructions?ii.Whether Aurora can sue Mulan for loss of his eyes?iii.Can Jessie sue Mac Tools for the loss of her vase?LawThe law of negligence is a tort law which was derived from [ CITATION Don3210 \l 1033 ]where itwas decided that the defendant is under a legal duty to provide care to the plaintiff against all hisacts/omission provided the plaintiff and the defendant share proximate relationship. To prove adefendant negligent the main requirements includes:[ CITATION Bee071 \l 1033 ]i.Duty of care – The defendant when undertaking any action/omission then he is underlegal duty to carry out his acts/inactions in such a manner so that no injury/damage iscaused to the plaintiff [ CITATION Win421 \l 1033 ]. But the defendant is under this legalduty of care provided:The plaintiff is the neighbor of the defendant, that is, the plaintiff is placed at such aposition so that the acts/omissions of the defendant impact the plaintiff directly. Theremust be proximity and closeness that exists amid them. The defendant is not dutybound to provide care to all the persons and is only answerable for his acts towardsthe plaintiff who is his neighbor [ CITATION Ann782 \l 1033 ].Also, the defendant is only imposed to provide care to the plaintiff who is reasonablyforeseeable by him. If the defendant cannot reasonably foresee the plaintiff then he isnot under any kind of duty of care to provide any protection to such plaintiff.Thus, every plaintiff who is proximate and is reasonably foreseeable by the defendantwill impose a duty of care on the defendant. ii.Breach – The defendant must cater with his duty of care in all situations. But whenthe defendant is not able to fulfill his duty of care then the duty is said to be breached.The defendant must act like a reasonable prudent man in the like situation and if hisacts fall short of this reasonability then he has not performed his duty of care[ CITATION Pal281 \l 1033 ]. The breach of duty of care is said to exist when thestandard of care that is expected from the defendant is not cater by him. If the risk ishigh then the care must be high and vice versa and is held in [ CITATION Par50 \l 1033 ].iii.Damages – Once the duty of care is not met by the defendant, it results in the breachof duty of care, it is then necessary that some kind of harm must be suffered by theplaintiff. The harm or damage can be mental or physical. But the damage that iscaused to the plaintiff must be caused because of the breach of the duty of care of thedefendant and not caused because of some indirect means. Also, the defendant isliable to compensate for only such losses which can be reasonably anticipated by thedefendant like a normal prudent man in the like situation. If the loss is caused to the
The Law of Negligence_2

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Legal Advice on Negligence Law for Damage to Property and Mental Shock
|8
|2392
|326

Issues In Business and Corporation Law
|6
|1021
|100

Analysis of Negligence in the Case of Susan and Cliff and Mary
|6
|2159
|53

Law Assignment: Tort of Negligence
|9
|1722
|538

Negligence Law: Tamara's Case against Aldi Supermarket
|5
|1419
|116

Business Law
|11
|2527
|238