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LW651 - The tort law assignment

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University of kent

   

The Law of Tort (LW651)

   

Added on  2020-03-02

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LW651 - The tort law assignment, The present case is based on the provision of contributory negligence and the provision of duty of care These two provisions are tortuous in nature and are specifically defined under the arena of tort liabilities. the tort law and attracts the provision of negligence. In the case of Donoghue v. Stevenson, it was held by the court that in the case of negligence it is to be proved that the defendant had breached the duty of care and caused damage to another. In case of duty of negligence, the Caparo test is to be applicable regarding the injury of a person and property.

LW651 - The tort law assignment

   

University of kent

   

The Law of Tort (LW651)

   Added on 2020-03-02

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Running head: BUSINESS LAWTort lawName of the student:Name of the university:Author note
LW651 - The tort law assignment_1
1BUSINESS LAWIssue:The issue of the case is whether the company is liable to compensate the victims ornot.Laws:The present case is based on the provision of contributory negligence and theprovision of duty of care (Ferrara et al., 2016). These two provisions are tortuous in natureand are specifically defined under the arena of tort liabilities. Duty of care is a well known principle in the tort law and attracts the provision of thenegligence (Barry, 2017). In the case of Donoghue v. Stevenson [1932] AC 562, it was heldby the court that in case of negligence it is to be proved that the defendant had breached theduty of care and the causes damaged to another (Stewart & Stuhmcke, 2014). In case of dutyof negligence, Caparo test is to be applicable regarding the injury of person and property. InVaughan v. Menlove(1837) 3 Bing N.C. 467, if there is an allegation made against thedefendant and the allegation get proved, he will be liable for the breach of duty (McLachlan,2013). The principle also laid down under the case of Donoghue v. Stevenson. Duty of care isa legal obligation to show certain reasonable care to a man that a prudent man would do atthat position. It is the duty of a person to foresee the effects of the acts that are performed byhim. The term contributory negligence is a part of the general defence system under thearena of the tort law. It determines the responsibility of the claimants regarding the accidentand loss caused by him. It is a partial defence to the wrong doer regarding the acts performedby him. The provision of the contributory negligence has been proved in the case of Pitts v.Hunt [1990] 3 All ER 34, where it had been observed by the court of law that the claimant or
LW651 - The tort law assignment_2

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