logo

The Tort of Negligence

7 Pages2025 Words209 Views
   

Added on  2020-03-28

About This Document

7 Business Law 1 THE TORT OF NEGLIGENCE Class (Course) Professor (Tutor) School (University) Location The Date The Tort of Negligence The tort of negligence deals with issues where people involve themselves in conducts that create possibilities of unreasonable risks of harm to others. In essence, reasonable care requires reasonable circumstances under which the guilty party would have provided the safety of the claimant or the safety of the claimant’s property. So if someone unreasonably exposes himself to danger, the accused

The Tort of Negligence

   Added on 2020-03-28

ShareRelated Documents
Business Law 1THE TORT OF NEGLIGENCEClass (Course)Professor (Tutor)School (University)LocationThe Date
The Tort of Negligence_1
2The Tort of NegligenceThe tort of negligence deals with issues where people involve themselves in conducts thatcreate possibilities of unreasonable risks of harm to others. Therefore, the basis in which the affected person can prove liabilities for negligent actions from another person involves demonstrating a failure for that person to provide reasonable care. In essence, reasonable care requires reasonable circumstances under which the guilty party would have provided the safety of the claimant or the safety of the claimant’s property. While the court awards compensation to damaged party, the court still requires people take reasonable measures to protect themselves rather than exposing themselves from danger. So if someone unreasonably exposes himself to danger, the accused party can raise a defense in contributory negligence or in the concept of assumption of risk. The following is a scenario where this concept would be clearly illustrated.Case Scenario: Michelle v. RebeccaMichel knew Rebecca was drunk to drive, but Michell let Rebecca drive home anyway. Rebecca caused an accident where Michelle suffered some injuries. Michel also had at some point requested to get out of the car. Now Michell wants to sue for negligence.IssueThis case is a matter of weighing between the tort of negligence where the injured party willingly decided to take the risk. In particular, the issue is that of weighing between negligence and contributory negligence.RulesThe court will only find the party guilty of acting negligently if that party did not employ reasonable care given within that context (Steele, 2017). Moreover, the court applies a general test that measures whether it is true that the party indeed is guilty for negligent. The first step is a
The Tort of Negligence_2
3determination as to whether a duty of care existed on the side of the defendant regarding protecting the claimant. Remember, the said legal duty which the defendant should have exercised should balance with the established standard of conducts in the field of the defendant. In summary, this part requires answering the following questions. Are the claimed damages reasonably foreseeable? If yes, (Iacobucci and Trebilcock, 2016) states that the next step is to look at the relationship between the claimant and the defendant and find whether the relationshipis satisfactory regarding the proximity for imposing a duty to care to the defendant. The last question is finding whether it is fair and reasonable to impose that duty of care to the defendant given the available circumstances. After establishing that there was a duty owed, then the next step is to find out whether thedefendant breached the foreseeable duty (Twomey et al., 2011). This one is simple as it requires an objective test. It is a matter of looking at whether a reasonable person given the position of thedefendant would have employed the similar actions, or the reasonable person would have acted differently to save the claimant. The test must look at the skills which the defendant claimed that he owns and balancing them with a reasonable man having similar skills.The third component would require the claimant to exhibit the fact that the defendant breached the duty, and the breach caused the claimed loss. Here it is a matter of two factors. Actual link between the defendant action and the occurrence of the damages. Simply called the ‘but for’ test (Varuhas, 2014). Secondly, the question whether the damages of the losses reasonably foreseeable also comes into place (Sohn, D. H., 2013). If they are too remote, the casewill fail.Despite having all these answers as “Yes,” there are still possibilities of the claim failing through assumption of risk or contributory negligence. The assumption of risk happens when the
The Tort of Negligence_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
BUS107 Commercial Law T2 2017
|5
|1461
|171

Assignment Introduction To Business Law
|8
|1613
|77

Issues In Business and Corporation Law
|6
|1021
|100

Negligence Scenario Course 2022
|10
|2647
|9

Liability in Negligence and Vicarious Liability
|10
|2206
|365

Assignment on Negligence of Tort : Case Study
|6
|1391
|35