Negligence Case Analysis: Brandon vs. Hoof Hearted Adventures Ltd.

MGMT1601 Tort Assignment
Tort Assignment Version 2

TABLE OF CONTENTS
The parties and the legal principles involved in this case...............................................................3
the essential elements of a negligence action in relation to Brandon’s case...................................3
Duty of care.................................................................................................................................3
Standard of care...........................................................................................................................4
Damages......................................................................................................................................4
Causation.....................................................................................................................................4
Defences for Hoof Hearted Adventures..........................................................................................4
Damages that Brandon could claim.................................................................................................4
Important witnesses or pieces of evidence......................................................................................5
References........................................................................................................................................6

INTRODUCTION
A civil wrong which is rephrased by law as an award of damages but the same does not
comprises breach of contract can be referred as Tort (Yates, 2015.). The above definition is too
broad and comprises all the wrong acts and breaches inclusive of restitutions, breach of trust etc.
Present report revolves around the case of Brandon and Hoof Hearted Adventure Ltd in order to
ascertain the party in fault and damages regarding same. Further, defence available to another
party have been also discussed.
THE PARTIES AND THE LEGAL PRINCIPLES INVOLVED IN THIS
CASE
The parties involved in the case were Brandon and Hoof Hearted Adventures Ltd. The legal
principles involved in the case werethe duty of care, the standard of care, damage and causation.
Negligence arises when an individual facesinjury or loss due tothe carelessnessof another person
(Cooter&Porat, 2015).This can be explained through a significant case on Western Law that is
Donoghue v. Stevenson case.The present case is understandable with Donoghue v. Stevenson
case; the case scenario took place in Paisley, Scotland in the year 1928. While visiting a store;
ginger beer bottle was offered to Ms May Donoghue by her friend (Greene, 2017). After the
consumption, it was found that the bottle contained a decomposed snail. With the consumption,
she fell ill and filed a case against the David Stevenson (ginger beer manufacturer). £500 for the
total damaged was claimed by her in the higher civil court of Scotland, but she was not capable
of suing Stevenson for the breach, because of the reason that the bottle was not purchased by her
(Levine, Vetri, Vogel & Gassama, 2016). The final decision by the court of appeal held that
Stevenson was fully responsible for the well-being of its consumers, but Stevenson died before
case finalization and Donoghue was provided compensation with reduced damage
amount(Reynolds &Kozub, 2017).