[Assignment] Tort Law: What It Is and How It Works

RUNNING HEAD: LAW OF TORT
Law of Tort
Name of the student
Name of the University
Author Note

1
LAW OF TORT
Issue:
The issue, in this case, is whether Minh can be held liable for Van’s injury.
Rule:
Essential elements of negligence:
When a person acts or tends to act in an uncaring way or carelessly due to which an injury can be
caused to another individual under the lawful principle causing ‘negligence’(Findlaw, 2019). The
person acting carelessly will be held liable legally if any harm is caused, which is foreseen. The
law of negligence was developed or enforced in the case of Donoghue v Stevenson [1932 AC
562]. A claim of negligence can be held successful if the claimant can prove:
 A duty of care has been owed by the defendant
 If there is a breach of duty by the defendant
 If any damage is caused by ant breach of duty
 The damage caused should not be too remote
Duty of care:
When a claim of negligence is assessed, the first matter to look about is whether the defendant
owed any duty of care legally over the plaintiff. In a few circumstances, the relation between the
defendant and the plaintiff creates a legal duty of care.
Breach of duty:
The second matter to look about is whether any breach of duty has taken place for the cause of
doing something to a ‘prudent person who is reasonable’ would do in same circumstances(E-