Negligence in Tort Law: A Case Analysis and Application

This report analyzes a tort law case involving a fatal road accident. It begins with an introduction to torts and the specific case of Mary, who died due to a collision. The report then delves into the relevant law, focusing on negligence, duty of care, breach of duty, and causation, providing legal context and authority. The application of the law to the problem involves assessing the negligence of Owen and Noel, considering elements such as breach of road rules, lack of seatbelt use, and the resulting harm. The analysis emphasizes how negligence tort principles apply to the case, and provides a breakdown of the responsibilities of each party involved. The report concludes by summarizing the key findings and implications of the case within the framework of tort law.

Law of tort

Table of Contents
INTRODUCTION...........................................................................................................................1
o. The relevant law with the appropriate authority in the appropriate context.......................1
Application of the law to the problem....................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Torts are wrongdoings that are done by one party against another. It is the cause of doing
things which has been done by the person who breaks the laws and rules and regulations. In the
case of torts injured person has rights to take the strict action against the other party who comes
under faultiness. Present case will be based on law of torts which will be based on Blind bend,
under which Mary were killed by Noel due to collision with an ambulance. This is the case of
negligence through disasters has occurred. Present study will be explaining the relevant law with
the appropriate authority in the appropriate context. Further, it will be also be taking application
the law to the problem. In order to conclude the study it will also recommend the terms which
will be useful in terms of future development to undertake difficulties in general context.
o. The relevant law with the appropriate authority in the appropriate context.
Tort refers some set of laws that provides remedies to the injured person or to whom who
suffered by the unreasonable acts of another. Tort law is based on the laws under which people
liable for the consequences. There are three types of tort intentional torts, negligence torts and
strict liability torts 1. On the basis of this given case Negligence torts has been held under which
marry is the plaintiff. On the other side, Owen is the tort feasor who neglect the rules of
direction. Due to which marry died. Overall, Negligence tort has occurred in the following case.
Negligence tort:
Negligence tort has occurs due to breach of a legal duty to take care which results in
damage undesired by the defendant to be plaintiff. Under which some certain elements of
liability in tort of negligence can be followed by the defendant. Such as defendant should ow or
need to be take care of claimant 2. Besides, it is the duty of defendant to be solved the case under
the case of liability. Like Owen is the person who needs to pay compensate to Mary or pay
charges for negligence. There are some elements proven by the Mary (Plaintiff) for a successful
negligence.
 Plaintiff suffered from loss or health injuries.
 Breach of law or rules might be the other reason of the injuries suffered by Mery.
 Defendant part owned the duty of the plaintiff. Duty of care contract has been breached by the defendant party.
1 Bryant and AA, 2016
2 Burrows and Burrows, 2016
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Appropriate authority and duty of the parties on Negligence
Duty of care : Each and every member has authority to be act in appropriate manner. Without
avoiding the unreasonable risk of harm to others. Along with that, duty of care is depended upon
some standards and nature of duty of care that is objective and flexible depend on some specific
3. Besides, some nature of situations affect the duty of care due to which wrong things has
occurred. In order to protect some uncertain situation. Through defendant should take care the
needs of the party.
Breach of Duty: it is the another authority or relevant element to abide the negligence of tort. It
is the another it is the another matter of fact which provides better opportunity to minimize the
law risk. Negligence occurs at the time when person does something wrong and recessional
person would not do anything under some particular circumstances.
Causation: Breach of duty must be actual cause of the plaintiff injuries. Sometimes breach of
duty it doesn't mean to breach of contract.
Under this situation it is the authority of public or society to take care the needs of proper
rules and regulations through environment will become easier and productive. In the context of
case under which due to negligence of Owen Mary had died. Negligence of public has been
increasing rapidly due to which wrong situations has occurred. In order to meet the needs of
requirements. According to Human Rights act 1950 they have been given that, safety awareness
is the first right of people under which all case has been accordingly. Besides, under the tort of
negligence, plaintiff has right to claim or sue to defendant in order to take its claim. Apart from
that, it is the responsibility of the party to accomplish or obey the all rules and regulations of
negligence of law. Along with that, it will be more comfortable and enlarging the process of
making good goals. Moreover, it will be doing better job and enlarging efficient growth manner.
Negligence is the overall making process in order to fulfill the better objectives. Besides, it has
been provided that, it will be the more challenging and impact full growth in order to make better
decision making approach. Tort of negligence has been given according to the matter of fact.
Besides, it gives better environment in order to safe the healthy and safe environments.
It is the accountability of the defendant to obey the laws and rules and regulations of civil
rights in order to reduce the uncertain situation. Apart from that, it litigation against public
accounting firms, amounts in excess of $300 million awarded to this party. In order to avoid
3 Iacobucci and Trebilcock, 2016
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negligence, person needs to be more aware about the process of doing better performance for
doing the work or follows the rules and regulations. Moreover, it will be providing more better
objective in terms of protecting the better task performance 4. Moreover, according to the case, it
is the authority of defendant to face the impact of tort of negligence. Apart from that,
government also needs to enhance the proper implication process in order to safe the overall
environment. Owen is liable to get punished for not following the road rules and proper
implication process. Apart from that, in terms of Mary she has died due to not wearing seat belt.
Due to negligence all case had happened which is called tort of negligence. Along with that, this
overall happened occurred due to negligence.
Application of the law to the problem
As negligence tort is being applied in this case because whatever happened, it was
because of the negligence due to Owen. Even Mary also had a mistake that she has not used her
seat belt. Owen is wrong here as well because he must have followed the rules properly. ON a
blink bend, he turned with a higher speed, which resulted in the accident with Mary. Noel
collided with the ambulance. So, it is clearly the case of negligence because if Owen did not
have broken the rules of the road, there might have the possibility that this accident would not
have happened. Also, Noel's car collided with the ambulance in which Mary was being taken to
the hospital. But the collision was so severe that it resulted into an accident which lead Mary to
die. In the negligence of tort, there are no as such deliberate activities or options, but it is being
considered in a situation when an individual because of unusual reasons fails to complete their
responsibility in some specified aspects. The same happened in the case of Mary, Noel and
Owen. Also, one factor which is to be ensured here is that in the negligence tort, if there had
been some injury or loss to the person, then proper actions are being taken. In this case, because
of negligence of Noel and Owen, Mary had to suffer. Because of Owen, she was injured badly
due to which she was being brought in the ambulance to take her to the hospital. But because of
Noel, when his car collided with the ambulance, the accident was so hard that Mary lead to
death. So, in this case, Noel and Owen may have to pay the penalty because due to the
negligence of them, she was lead to death. So, they both have to pay the penalties for the same.
But there are some ways to prove that they both have done negligence due to which Mary killed
to death. It is because as in case of every law, similarly in the negligence tort as well, there must
4 Levin, 2017
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be the requirement of particular evidences so that it can be proved that there was the negligence
of Noel and Owen because of which she leads to death. There are some specified elements that
are required to prove the negligence and these involve cause, breach, harm and duty5. In this case
of Mary, every single factor is being considered because it is the duty of every citizen to follow
the rules and regulations of traffic that have been provided by the government and the respected
traffic inspectors. It is because they have implemented these laws in order to maintain the safety
of people so that no sort of harm or injury may happen to any of the citizen. That is the reason
why these laws and policies have been made. Therefore, it can be considered in this case as well
that neither Noel nor Owen and Mary were following the rules. Mary was found without the seat
belt.
Also, Owen and Noel were not following the rules as Owen went in speed even in the
blind bend as well. Breach can also be considered in this case because after Own collided with
Mary, he left. Instead of helping her out and stay by side, he left. So, this can be considered as a
sort of breach with Mary. If he had been taken her to hospital on time, may be there was a
possibility that she can have survived. But he ran away from there. Therefore, it can be
considered as a case of breach as well. In terms of harm, Mary was harmed because of Owen as
well as of Noel. Although there is Mary's mistake as well that she had not worn seat belt but
because of the negligence of them, Mary was harm to a huge extent. When Mary's car collided
with that of Owen, who was on the wrong side, she got hurt but when the ambulance in which
she was present because the ambulance was going to the hospital, but in between the ambulance
collided with the car of Noel, which resulted in a collision. The collision was so hard that it
killed Mary.
The negligence tort is being implemented in the case when some individual has done
something unacceptable. These policies have been developed so that the people can understand
the importance of these faults and negligence’s. Also, a very important part of it is performing
own duty, which means that if someone has injured because of one, their responsibility is to
perform their duty as a citizen and provide them an efficient rate of care and support. According
to the negligence tort, after getting the evidences of the incident that the person has been in fault
for not following the rules, because of which Mary got killed very badly. In such cases, proper
evidences can be taken as from the fact of the condition of Owen’s car etc. Although this all
5 Orchard, 2016
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happened with the fault of all three. Mary was not wearing a seat belt. An evidence has been
implemented that was un contradicted. It considered the fact that if Mary has not been killed, she
would have been gone disabled. It also focused on the fact that there might have been possibility
then she had to spend her whole life on bed. Also, she was not able to go to her job, thus she
might became unable to get her salary for a happy and maintained life. The focus of this
evidence was that what happened with Mary was right because if she would have not been killed
after so much of injuries, she might not have able to walk, talk, she can be termed then as a
disabled person who is not able to do any thing, not able to go to their job for achieving an
amount to keep their life balanced. Therefore, this evidence was in favor of the fact that after so
much of injuries etc., Mary was killed.
Therefore, the fact considers all the four aspects that have been covered in this
representing a negligence tort. It is because neither any of the three were following the rules to
drive in a safe manner. All the laws and policies have been made by the government and the
senior traffic inspectors in order to promote road safety so that no sort of injury or harm can be
led to any person6. Then, it is the responsibility of the people itself to follow these rules and
ensure their safety along with that of others as well. There must be effective solutions for the
issue in the tort because due to the negligence of Owen and Noel, Mary had to die. Although al
the three were not following the rules and duties properly to drive safe, but as Mary has died
already. Then, in this case, Owen and Noel must have to pay huge penalties and also, the
punishment can lead to the imprisonment. Also, it is necessary because after paying so huge
penalties, they can understand the fact to never repeat the same mistake again. The negligence of
these boys killed Mary and even after that also, Owen went back, instead of helping her out, he
ran from here. This means negligence with breach as well. So, breaching along with he
negligence can be considered more negative and also, this ma lead to an increase in the penalty
of the person. Thus, it is very important to follow each and every rule so that one can ensure their
own safety along with that of others as well. Also, it helps in maintaining a balance between all
the processes and operations.
CONCLUSION
It can be concluded from the report that due to the negligence of Noel and Owen, initially
the accident took place with the car of Mary, then she got injured and while she was brought in
6 Phillips, 2017
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the ambulance, the ambulance collided with the car of Noel and the accident was so hard that it
killed Mary. As per the negligence of tort, there have been variety of factors that can be
considered against the person in fault and they may have to pay huge penalties as well. So,
proper actions can be taken against them so that they can ensure not to repeat such mistaken
again in life.
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REFERENCES
Books and Journals
Bryant, P. J. and AA, B., 2016. THE TORT OF NEGLIGENCE IN STEM LABORATORIES.
Burrows, A. S. and Burrows, J. H., 2016. A Shocking Requirement In The Law On Negligence
Liability For Psychiatric Illness: liverpool Women's Hospital Nhs Foundation Trust V
Ronayne [2015] Ewca Civ 588. Medical law review. 24(2). pp.278-285.
Iacobucci, E. M. and Trebilcock, M. J., 2016. An economic analysis of waiver of tort in
negligence actions. University of Toronto Law Journal. 66(2). pp.173-196.
Levin, N., 2017. Medical Malpractice in Israel and the Financial and Non-financial Damage to
the Victim.
Orchard, M., 2016. Liability in negligence of the mentally ill: A comment on Dunnage v
Randall. Common Law World Review. 45(4). pp.366-374.
Pandey, R., 2017. Is the Commissioner immune from the tort of negligence?. Taxation in
Australia. 51(9). p.494.
Phillips, A., 2017. Essentials of Negligence (Law of Torts) With Respect To India. Imperial
Journal of Interdisciplinary Research. 3(10).
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