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Running head: TORT LAWTort LawName of the StudentName of the universityAuthor note
1TORT LAWDefinition of negligence In the case of Donoghue v Stevenson 1932 AC 522 the manufacturer was held liable for thesnail present in a ginger beer. The court provided that as a neighbour has the liability toensure that his actions do not harm the other neighbour, it is also the liability ofmanufacturers to ensure that their goods do not cause injury to the consumers. The case provided 4 steps to establish negligence.Step 1: Dose Tim Creations have a duty of care towards Mina Law- Donoghue v Stevenson provided manufacturers have duty of care to consumers. Application to facts: As Mina consumed Ice-cream produced by Tim Creations Duty of careexists. Forseability- it was foreseeable to see the injury on part of Tim creation. As a reasonableperson could foresee illness upon eating a stale Ice-cream Vulnarability- it was probable that any human would be vulnerable to such harm.Step 2: Establishment of breach of the dutyProbability- The ice cream served by Tim creation was stale. Therefore the duty of care isbreachedSeriousness- injury could be result in serious consequences Burden- burden of taking precautions was on Tim Creations as per Woods v Multi-SportHoldings Pty Ltd (2002).Social utility- Eating is a necessity of humanA reasonable person would have not served Steel ice cream in the restaurant
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