Tort Law: Elements of Negligence and Defenses

Running head: TORT LAW
Tort Law
Name of the Student
Name of the University
Author Note

1TORT LAW
Table of Contents
Example 1...................................................................................................................................2
Example 2...................................................................................................................................3
Example 3...................................................................................................................................4
References..................................................................................................................................7

2TORT LAW
Example 1
Issue
Whether the delivery driver shall be held responsible for hitting the pedestrian, while
driving across the street having the green signal on.
Rule
In order to establish a tort of negligence, a victim was established all the essential
elements of an act of negligence that was held in the case of Donoghue v Stevenson [1932]
AC 562 which states that: a) there is a duty of care of the defendant towards the plaintiff, b)
breach of such duty of care, c) the breach of such duty of care caused a damage to the
plaintiff, and d) the inaction of the defendant that gave effect to the breach was foreseeable
(Van Dam, 2013). As for the rule of negligence, a person having a duty of care towards
another must fulfill it, as otherwise any inaction or omission to take action would result in the
breach of duty of care. The defendant shall be held liable for the breach and the subsequent
damage sustained by the victim due to such breach (Zipursky, 2014).
The burden of proof lies upon the plaintiff you shall be liable to establish that the
defendant had a duty of care, he breached such duty, and such breach caused damage to him
and lastly the consequences of such breach was foreseeable by any reasonable man (Van
Dam, 2013).
Application
The delivery driver was driving by the road wild the signal light was green which
signifies that it was the time for the pedestrians to wait for the red lights to come up. In
general it could be held that the driver had a duty of care towards the pedestrian to drive
safely in order to ensure the safety of the pedestrians on the road, however in this case it was