The Tort of Negligence and Elements of Tort

Running head: THE TORT OF NEGLIGENCE AND ELEMENTS OF TORT
The Tort of Negligence and Elements of Tort
Name of the Student
Name of the University
Author Note

The Tort of Negligence and Elements of Tort1
Issue
The Issue in the given scenario:
What are the actions available in the tort of negligence if any ?
Rule
The rules applicable to prove the liability of the parties for negligent tort are as
follows:
Spandeck test formulated in the following example of “Spandeck Engineering
(S) Pte Ltd v Defence Science & Technology Agency” that states a two-stage
determination of liability that includes proximity and policy (Anderson, 2014). The
Spandeck test articulated a two-stage determination of liability that includes the two
basic concepts; proximity and policy. The Spandeck signifies vital importance among
the laws related to negligence in Singapore because it amalgamates into one single
test and customarily, there is a various test conducted for this single solution.
In a following case example of “Alcock vs. Chief Constable of South
Yorkshire Police”, the Spandeck test was applied in cases of mental trauma and agony
(Asif, 2014). This test will be applied in cases of psychic injury claims. In this case,
the claimants suffered from mental trauma as they saw their relatives or the loved
one’s die in front of their eyes as it was showing live on the television.
The judgments of the case of Ngiam Kong Seng v CitiCab Pte Ltd have been
used in showing the liability of the parties present, whether according to it, they could
be held liable.

The Tort of Negligence and Elements of Tort2
Analysis
The facts of the case study state that Zarine took Sara to a park where she got
engaged talking to Jack .Meanwhile, Sara starts to wander in the nearby road where
Jack noticed and rushed to the road to save Sara. Jack successfully saved Sara but met
with an accident with Bob, who was driving on the road and injured himself.
Meanwhile, Laura, driving behind Bob, slides her car and hit a tree. Behind the tree,
there was Leonard, who developed a paranoid out of that situation. Sherry also
suffered mental trauma, as she was also present at the park.
The Tort of Negligence is based upon the English Laws. It is regarded as a
civil wrong that is experienced by a person by the fault of another person who failed
to take proper care of that situation leading to inevitable loss or damage that could
have been easily avoided with proper care. The law relating to negligence has evolved
in the past decades as it also deals with certain situations between two or more parties
without the existence of any contract between the parties. The following focuses on
the elements of Tort and discusses about the tort of negligence thorough a case study
briefly.,
The purpose and the aim of this are to show the light upon the components of
the tort of negligence and using the Spandeck test to determine the liability of the
victim in the given case study., Negligence, as a tort, requires a duty more than just the
care. It includes that the defendant owes a legal duty to care, breach of the legal duty,
and irreversible damage or loss caused due to that breach of the legal duty
(Amirthalingam, 2007). A case qualifying these conditions is termed under the act of
negligence. To avoid such conditions and absurdness, this rule came into use and
hence became the primary and effective rule to determine the negligent tort. This
single test was proficient at establishing a duty of care between the parties regardless