Law of Tort

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

1TORT LAW
Table of Contents
Answer to example 1......................................................................................................2
Answer to example 2......................................................................................................3
Answer to example 3......................................................................................................4
References......................................................................................................................6

2TORT LAW
Answer to example 1
Issue
To determine whether the delivery driver is liable for hitting the pedestrian when he
was crossing the road while the green light was on.
Law
For holding a person liable for negligence, one must prove that the person liable for
the negligence had a responsibility towards such aggrieved party, along with other essential
elements of the tort pf negligence as held in the famous case of Donoghue v Stevenson [1932]
AC 562. In this case, it was stated that a person who has suffered due to an act of negligence
of another must prove that:
1) such other person had a duty of care towards him;
2) such other person breached his duty of care;
3) such breach gave rise to a damage, loss or injury;
4) such breach is the only cause for such damage;
5) the incident was foreseeable.
The person who has a duty of care towards another must adhere to it by fulfilling his
responsibility towards the other. In case such person fails to fulfil it, would result to breach;
damage arising out of such breach would be the liability of the tortfeasor (Zipursky, 2014).
However, it could be defended by the defendant with certain defences that are available under
the law of tort, like contributory negligence or voluntary assumption of risk.
Application
The driver was driving by when the pedestrian suddenly crossed the road with the
signal light being green which signifies that the driver had a right to free passage without
stopping. Usually a driver has a duty of care towards his fellow drivers driving along the
same road along with the pedestrians who crosses the road while the signal light is red. A