Case Study Of Tort Law

Case Study of Tort Law
Task1 What kind of liability do you think Ton should bear in Scenario 1? Contrast liability in tort with contractual liability Contrast liability in tort with
contractual liability. There are three differences between liability and contractual liability: A. The difference of base. Contractual liability means that
due to the breach of duty, contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a
contractual liability has to be in terms of contract. However, there are no needs for liability, which point liability are monetary damages that are sought
from the offending party. They are intended to compensation the injured party for the injured suffered. B. Contractual... Show more content on
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| |Fair, just and reasonable |Is it fair, just and reasonable that the law should impose a | | |duty on the defendant on the facts of the case? | |Public
policy |Is there a matter of public policy that requires that no duty | | |of care should exist? | Restricting the duty of care In any given case, if a
reasonable man could have foreseen the consequences then a duty of care may be owed; whether it has actually arisen or not depends on the facts.
The duty may be restricted or ignored completely in the following circumstances. Scenario2 The element that must be proven by a claimant in an
action for negligence is that there was a breach of the duty of care by the defendant. This is a matter of determining whether the defendant's act or
omission fell below the standard that could be expected of a reasonable person in the same circumstances. The reasonable man means a person should
act as a reasonable and prudent man. The standard of
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Employers Liability in Negligence
NEGLIGENCE: THE EMPLOYER'S DUTIES Employers Liability in Negligence May be personally liable to employees who injure themselves.
May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer.
May be vicariously liable if one employee is injured by another employee. NOTE: Employees may also be able to recover from statutory workers
compensation schemes. Employees' rights at common law may be restricted by the same schemes. e.g. WorkCover Queensland Act 1996 Other
Possible Causes of Action Against an Employer The tort of breach of statutory duty (separate tort). Breach of an express or implied term of the contract
of employment... Show more content on Helpwriting.net ...
The finding of liability. 2.The finding of only 10% contributory negligence. Dismissed the appeal: 1. P conduct must be judged in the context of the
finding of Ds failure to provide a safe system of work. 2. P's conduct was mere inadvertence, inattention or misjudgement. Leading Authority
presently. At page 310, "Once it is accepted that such use [of such hoist] would eliminate the risk of injury, it is necessarily follows that a prudent
employer exercising reasonable care would require that it be used." The employer must insist on a safe system, if it is not used, must sack the
employee. Bus v. S.C.C. (1989) "The law has progressed by placing an increased emphasis upon the relevance of the possibility of negligence or
inadventure on the part of the person to whom the duty is owed" at page 90. Defendants must anticipate carelessness on the behalf of others.
Premises and Tools Davie v. New Merton Board Mills The plaintiff got hit in the eye by a piece of a chisel, the employer was not liable because:
The defect in the tools was not discoverable on reasonable inspection AND Bought from a reputable manufacturer. Wilson v Tyneside Employer not
liable because: P experienced window cleaner. D did issue warnings in writing and orally. Duty not so high when premises not Ds. P had cleaned those
windows before and knew them to be unsafe. Checking was not the trade practice. Smith v.

Negligence Was Introduced By The Australian Courts As A...
AContributory negligence was introduced by the Australian courts as a complete defence should the plaintiff claim the defendant had been negligent
in their actions. The Law Reform Act 199510 was introduced however to allow for apportionment of damages in cases regarding contributory
negligence. In section 10 of the Law Reform Act 1995 this principle is described as "if a plaintiff 's damage is the result partly of the plaintiff 's fault
and partly of the fault of the defendant, the plaintiff can still recover damages from the defendant but the amount of damages is reduced to the extent
that the court thinks just and equitable having regard to the plaintiff 's share in the responsibility for the damage."10
As a defence, contributory negligence has been used successfully to reduce the damages for the defendant to pay. In Wei Fan v South Eastern Sydney
Local Health District (No.2)11, this principle was introduced by the defence to illustrate that they were not liable for the exacerbation of the plaintiff's
condition. The plaintiff attempted to claim for damages for the following conditions; diabetes type 2, progression of cholecystitis, fractured skull and
traumatic brain injury. By applying contributory negligence to the case, the liability of the conditions was entirely placed on the plaintiff due to
discharging himself from three hospitals within the district against medical advice. Discharging himself prematurely was proven to have lead to the
exacerbation of the

Jacobsen vs Nike
Individual Assignment – ENMN 430
Erkens Gjini
Legal Case Brief
Jacobson vs. Nike Canada Inc.,
Instructor: Connie Carter
November 9th, 2014
Introduction
In the case of Jacobsen vs. Nike Canada Ltd, Mr. Jacobsen an employer of Nike Canada Ltd was seriously injured in a car accident as a result of
alcohol consumption while at work. This paper will prove that the defendant (Nike Canada Ltd.) was negligent in all the four elements of "Negligence "
and therefore liable for the injuries. Also it will explain for any legal defense that the employer (Nike Canada Ltd.) might be able to raise.
Relevant Facts.
Mr. Jacobsen was an employee of Nike Canada Ltd.
The employer, through its representative, supplied the ... Show more content on Helpwriting.net ...
Was there a breach of standard of care?
Nike is obligated to provide a safe working environment particularly if the job is inherently dangerous. The employer (Nike) must hire competent
representatives. Nike's representative, supplied the workers with considerable amounts of beer. Providing alcohol while at work jeopardizes work
safety and as a result breaches the duty of care that the employer is obligated to provide.
Causation?
It is very clear that alcohol consumption is the main cause of the accident. Applying the "but for" test we can say: but for consuming the alcohol, the
collision would not have occurred.

Damages?
Nike failed to exercise reasonable care and as a result Mr. Jacobsen was involved in a single–vehicle accident, which left him with physical damages
(quadriplegic).
Counter Argument – Assumption of Risk and Contributory Negligence
Nike could use assumption of risk and contributory negligence as part of their defense and show that the plaintiff's negligence contributed to the
accident. Although Nike provided alcohol in the work place it could argue that Jacobsen was voluntary drinking and was aware of the danger arising
from driving intoxicated. Therefore, he knew the risk and voluntarily assumed the risk by engaging in the behavior. Also Nike could claim that it
does not owe a duty of care to Jacobsen because he was released of his duties when he was driving.
Case Law
Crocker v.

Lord Atkin 's Neighbor Principle
As illustrated through Lord Atkin's "Neighbour Principle", established in the case of Donoghue v Stevenson , tort of negligence provides a remedy
for those who suffer loss due to the behaviour of a person who fails to adhere to a legal duty to take reasonable care. On these grounds, it appears that
Geoff and Beth may be held to have joint several liability in negligently causing Paul physical damage.
Paul could bring a tortuous action against Geoff on the grounds of negligent driving, in relation to his head and collarbone injuries. As elucidated by
Greer LJ in Haynes v Harwood , to have a cause of action in negligence, there must be the neglect of "some duty owed to the" claimant. Accordingly,
Geoff's legal duty of care is established through s.3 Road Traffic Act 1988, which, in imposing strict liability in cases of negligent driving, creates a
duty of care. It provides that a driver is deemed to have committed a tortuous act by driving carelessly "without due care and attention" , therefore as
Geoff is driving a mechanically propelled vehicle, he has a statutory duty of care towards other road users.
There then arises the question as to whether Geoff's behaviour has fallen below the "reasonable standard of care". This is based on the premise that
liability arises where the defendant causes loss or damage to another "by fault". Paul could thus attest the first two hurdles in bringing a negligence
action against Geoff, as Geoff has clearly breached his statutory duty of

Duty of Care Essay
Duty of Care: GELERAL
Week 2::Seminar 2
This concept is based on three proof of elements, its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls
within the scope of the duty, Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which
can be attributed to D's conduct.
Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what they regard as
acceptable limits and the controversies which have centered around the criteria for the exercise of a duty reflect differences of opinion as to the proper
ambit of liability for negligence. Before Donoghue v Stevenson, there was no ... Show more content on Helpwriting.net ...
In a decision of Privy Council , Yuen Kun Yeu v AG of Hong Kong, court interpreted the 1st stage of Anns that, proximity of relationship means that
there has to be some special relationship and the relationship depends on the reasonable contemplation of the D that his carelessness may harm the C.
What happened in this case, X Company gained their license from the D and cheated C, lots of people lost their money. Here court pointed that
there was no special relation between C and D, there was no proximity and thus no Duty. However, it may be said that it is also a policy decision
because, the class of people was so large, if court granted a claim then there would be a flood gate of new claims.
Then Comes the case Caparo Industries plc v Dickman: F Company, manufacturers of electrical equipments, was the target of a takeover by Caparo
Industries plc. F was not doing well. At this Point Caparo was buying shares of F company the accounts was checked by Dickman. Caparo reached
a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers
required. But once it had control, Caparo found that F's accounts were in an even worse state than had been revealed by the directors or the auditors. It
sued Dickman for negligence in preparing the accounts and sought to recover its losses. This was the

The Tort And The Civil Wrong
The term tort refers to a civil wrong. The phase tort is Norman French and means wrong. In Anglo Saxon times tort was established with
punishments, for example individuals from clans had to pay for the civil wrong they executed. During the Norman Conquest there was no contrast
between civil wrongs or general crimes carried out. After the Norman Conquest kings and courts were very influential and punishments would be
decided by them. If any fines of punishment were held the money would go to the king or the relevant court. After this period any civil wrong that
was executed was either known as a trespass or a tort. Felonies were known as major acts against the law. Writs were legal written orders and by the
thirteenth century became essential for the guidelines of retribution. There are many elements within tort; the main aspect is what act and what
damage has been committed and not the reason why an individual committed an act. The theory of tort has developed and evolved during the years.
The law today ensures victims of tort with remedies. Tort can be dealt with in civil courts, county courts or High courts. It depends mainly on the level
of seriousness of a case.
Within tort there is the area of negligence which has many different elements. It can analyse the state of mind of an individual committing a crime
aswell as the harm caused which could include harm done unintentionally. The approach of tort negligence is related to an individual being harmed
through an act of

The Tort Of Negligence Developed
A tort might be stated as a civil wrong not happening out of a contract or a relationship created on trust, which is considered by a harm of the legal
right preserved on others and an act for repressible damages. Therefore the objective of torts is toward recompense the victim and not penalizes the
wrong person. Before we start a ride into in what way tort law operates it would be sensible to know the nature of the torts committed and their growths
over the years. This would not lone help in considerate the current situation in a clearer manner but can also deliver a logic of history about torts.
During the early primary 1800 's the tort of negligence developed as a single type of torts owed to the fact that events in the tort of negligence were
growing suggestively throughout that period. Then, the awareness of the imposition of a duty of care in negligence developed alongside cases
such as Heaven v Pender (1883), and extra outstandingly case of Donoghue v Stevenson (1932) that remains the leading case in negligence. This
case clarifies that; Mrs Donoghue and her pal went to a cafe in Paisley. At the cafe, Mrs Donoghues ' pal purchased her a drink which was a ginger
beer float consisting of ginger beer that stood in an cloudy bottle. After Mrs Donoghue drank out of the drink in a beer cup, her pal topped up the
drink, and then they found in the ginger beer bottle decomposed leftovers of a snail. Mrs Donoghue claimed that the recalls of seeing the snail in the
ginger beer

law of torts
THE LAW OF TORTS INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term
delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly
used to mean a breach of duty amounting to a civil wrong. Definition: a tort is defined as a civil wrong for which the remedy is a common law
action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A
tort arises due to a person's duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser,
or a wrongdoer. Where... Show more content on Helpwriting.net ...
1. Voluntary and involuntary acts: acts and omissions may be voluntary or involuntary. An involuntary act does not give rise to liability in tort. 2.
Mental elements: Plaintiff may be required to show some fault on the part of the defendant. Fault here means failure to live up to some ideal standard
of conduct set by law. To determine fault, the following may be proved:– a) Malice: In the popular sense, malice means ill–will or spite. In Law, it
means i) intentional doing of a wrongful act and, ii) improper motive. b) Intention: i.e. where a person does a wrongful act knowing the possible
consequences likely to arise, he is said to have intended that act, and is therefore at fault. c) Recklessness: i.e. where a person does an act without
caring what its consequences might be, he is at fault. d) Negligence: i.e. where the circumstances are such that a person ought to have foreseen
consequences of his act and avoided it altogether, he would be at fault if he bothers not. e) Motive: Motive is the ulterior objective or purpose of doing
an act and differs from intention. 3. Malfeasance, misfeasance and non–feasance: 'MalfeasanceвЂџ refers to the commission of a wrongful act which is
actionable per–se and do not require proof of intention or motive. вЂћMisfeasanceвЂџ is applicable to improper performance of some lawful act, for
example, where there is negligence.

Female Genital Mutilation
Consent, in its various forms and states in certain contexts, forms a crucial part of legality and illegality, in that its existence strongly categorises the
nature of an act (Tuckness 2012). If consent were established, it would be easy for the layman to conclude that an act should not be intervened with by
the state. Per contra, the complexities surrounding an act go beyond these simple distinctions. The issue of intervention can to some degree be seen as
problematic in its fundamental aim to represent and advocate for a particular 'victim', in spite of the circumstances of the situation, which tend to run
parallel with a different narrative (Alcoff, 1992; Seth, 2001). This essay will examine the relationship between the state and female... Show more
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Mill defines harm as any action or inaction by one individual that is injurious to the interests of others. He states that: "[when] a person's conduct
affects the interest of no person besides himself... there should be perfect freedom, legal and social, to do the action and stand the consequences" (Mill,

VNFI Vs. Contributory Negligence
PROJECT
Subject– Torts
Topic– The defence of VNFI vs. Contributory Negligence
ACKNOWLEDGEMENT
We would like to express our special thanks of gratitude to our teacher Mr. Amrendra Kumar Ajit as well as our Vice Chancellor Prof. Srikrishna
Deva Rao for giving us this wonderful opportunity of doing a project on 'VNFI v. Contributory Negligence'. This project has helped us a lot in
research work and for better understanding of this concept. We learned a lot of new things in the process which shall definitely come to good use in
the future.
We would also like to thank the Library staff who helped us immensely. Along with that I would like to thank my friends and family for the moral
support and constant encouragement.
TABLE OF CONTENTS
List of abbreviations....................................................................................................(4)
Cases Referred.............................................................................................................(5)
Statement of Problem..................................................................................................(7) ... Show more content on Helpwriting.net ...
This is usually expressed by the maxim volenti non fit injuria. The maxim states a a principle of estoppel applicable originally to a Roman citizen who
consented to being sold as a slave. The Latin maxim literally translates to 'to a willing person, injury is not done". There are instances where a person
may suffer grievous harm for which he gets no remedy, as he consented, atleast assented to the doing of the act that caused the harm eg– injuries that
occur during the course of a lawful sport, game or surgical operation. The idea underlying this particular maxim can be traced as early as to Aristotle
and has been recognised in the Canon law as well as in the work of Roman

Negligence Is An Important Legal Principle
As I was saying, negligence is an important legal principle that enables a party, who has suffered loss or damage resulting from the wrongful actions or
inactions of another, to claim compensation from the party responsible for their loss; and there is no contractual relationship between the parties
necessary. A successfulnegligence suit must have three elements present.
Element one is duty of care, which means that there is a legal obligation imposed in circumstances where harm could be reasonably foreseen to occur
to others. This element can be found by applying the 'neighbour principle' established in the Donoghue v Stevenson case. The neighbour principle
states that a person must take reasonable care to avoid acts or omission which you can reasonably foresee would be likely to injure your neighbour.
Element two is breach of the duty of care. The plaintiff has the burden of proof to prove, on the balance of probabilities, that the defendant had a duty
of care and that duty of care was breached.
The third element is injury or damages suffered as a result of that breach. Now that a breach of duty of care has been proved, it is crucial to show that
the breach resulted in damage or injury to the plaintiff. The defendant must be able to reasonably foresee that someone could be hurt by their actions.
In the scenario the couple out for dinner, Mikaela who is anaphylactic consumed nuts from her desert even though she evidently made the waiter aware
of her condition. The

The Pros And Cons Of Legal Malpractice Case
It is noted that when a company fails to meet its obligations management, employees, suppliers and customers, which is open to legal malpractice
claims. The defence against malpractice lawsuits can be costly for companies, and even if they win, your reputation could be damaged. Entrepreneurs
have to understand what actions constitute negligence, criminal sanctions for negligence and how to protect themselves from malpractice lawsuits .
The law defines negligence as the failure of a person or company to practice the level of care that a rational, sane person had practiced under the same
conditions. When the lack of preparation or foresight leads to damage, the plaintiff may claim the company was negligent and sue for monetary
damages. The "harm" can come in the form of physical pain, emotional suffering, economic loss, or a combination of the three . The plaintiffs must
prove five elements to win a malpractice case against a business. Applicants must demonstrate that the company had a legal obligation to them and
breached that duty. They have to prove that the damage would not have occurred were it not for the actions of the company. Applicants must
demonstrate that the company should have... Show more content on Helpwriting.net ...
Hence, in the case, Donoghue's friend gave her the bottle of ginger beer for her. Later, after having half of the contents, she found that bottle had a
decomposing snail for which she got nervous shock. Thus, under "contract law," Donoghue was powerless to sue the manufacturer since her friend
was the main party of the contract instead of Donoghue. For that reason, the House of Lords made a decision to create new principle of law, which
everybody holds a duty of care for neighbour, which entitled the House of Lords that effectively sue the manufacturer for further damages

Negligence In Sports
Negligence is a law that is used throughout today's society as one of the most sought after methods of suing people and corporations. This law of
negligence falls under tort law and is often the most common legal issue faced in sporting. By defining, investigating and evaluating the issue of
negligence presented in the given sporting scenario; analysing the concerns of various stake holders, there will be recommendations made that justify a
suitable legal response while still considering the elements of negligence. The above topic which entails the act of negligence on the sporting field is
seen as a more common issue with sporting players becoming more and more worried about having legal action perused upon them. This is seen as an
imbalance ... Show more content on Helpwriting.net ...
Where cases that are being fought for compensation through the act of negligence there are many defences that can be used that are suitable to both
parties agreement. Common defences include "Volenti non fit injuria" which the voluntary assumption of risk by the defendant; contributory
negligence and the illegality of the activity or act committed. "Volenti non fit injuria" is a common law doctrine which states that if someone willingly
places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the
other party in tort or delict. Contributory negligence in common–law is another defence used in jurisdictions and is generally a defence to a claim
based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have,
through their own negligence, contributed to the harm they suffered. The statement of players in sport unwilling to participate due to the risk of being
taken to court for an injury they may have accidentally caused that might occur during a sport is expected; as injuries that happen while engaging in an
activity of which you know there is risk involved is

Negligence: Tort and Reasonable Person
Teacher's role in the classroom is to take place of the parents whilst in school. They also must take reasonable action to decrease the likelihood of
injury to students. (Queensland teachers union, teachers and law 5th edition page 7) Three elements to establish a negligence case A duty of care
was owed There was a breach of the duty Damages occurred because of the breach Duty of Care Two points in order to establish a duty of care
Should a teacher as a reasonable person foresee the incident? Did he/she take sufficient precautions to prevent the incident? But first was he/she a
legal neighbour. The law defines a neighbour as "someone so closely and directly affected by my act... Show more content on Helpwriting.net ...
$30 for medical dressings) Compensatory Damages – Special damages: things with actual cost such as medical expenses. General damages: Include
pain and suffering which actually can not be priced. Punitive Damages– for punishment to defendant for purposeful actions of negligence Aggravated
Damages – made the injury worse by emotional assault. An injunction may also be issued. This is to prevent the negligent acts from being
performed again by the defendant A fire starts in a local High School computer room. A qualified teacher had just received an extinguisher for the
room for such an emergency. Upon using the extinguisher to put out the fire a female student was badly burnt to 60% of her body leaving her scared
for life. This happened because the teacher had ordered an inappropriate extinguisher for the application and of cheap quality. The whole school fire
alarm was not activated because of the lack in smoke alarms. The plaintiff (female student) has every right to take action against the negligent teacher
and school. The teacher did owe a duty of care to his student. To establish this, the following points have been considered The teacher's role in the
classroom is to take the place of parents and not to insure against but take reasonable measures to prevent injury (Queensland Teachers

Tort And Business Law Essay
Law of Tort and Business Contracts Introduction According to law, tort occurs when a person fails to observe duty imposed on one by law, to
ensure there is no injury to a determinate person. In most cases, the remedies for a tort are in the form of unliquidated damages for instance
different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the
criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets.
Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of
law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144). First case analysis: Rare
Plants Limited In the first scenario of the case, an elderly/disabled member of a coach party slips on a pathway and breaks a leg. After the accident,
the member spends time in hospital (8 weeks) and suffers considerable pain during treatment. In this case, the home care is liable to ensure the
residents are safe when on the premises. Knowing the premise users are elderly and disabled, the owner will be liable when it is foreseen or
contemplated that the actions and omissions may lead to the injury of the residents. The owner of the home care owed the residence a duty of care.
From the given scenario, the owner is liable

Medical Malpratices in Surgery
Medical malpractice cases increases when a patient is harmed or injured by a doctor or nurse or other medical professional who fails to provide proper
and better health care treatment. Fortunately, doctors, nurses, and hospitals make mistakes in a small number of cases. But within that small minority
of cases, certain types of errors crop up more often than others.
Surgical errors can be medical malpractice if the surgeon's performance falls below the accepted standard of care for a reasonably competent surgeon
under similar circumstances, and the patient is injured as a result. Although some surgical errors are the result of aphysician's actual incompetence, most
result from poor planning before surgery or failure to properly communicate with the patient or his/her family about the possible risks associated with
a procedure. During surgery, doctor, nurses and medical provider often face situations where quick and fast decisions need to be made. When mistakes
occur during surgery, the patient on the operating table can suffer severe and weaken injuries.
Medical mistakes during surgery can occur when a doctor, nurse or hospital staffs fail to give their full attention to the patient they are operating on.
This can result in the wrong procedure being performed, medical supplies used during the surgery being left inside of the patient, or a failure to
promptly and properly react when unanticipated problems arise. In many cases, problems during surgery are the direct result

Should Sports Be Legal Issue?
Charges being laid from events that occur on the sports field could have a detrimental affect on the participation levels within each respective sport.
Players are generally not being charged from events that occur on their respective sporting field's as it is currently difficult to prove any intent to
harm, due to most sports involving physical contact with another player, which the rules sanction. Should this be a legal issue or a matter of public
policy? If it were to become a legal issue, would this adversely affect the general public?
The purpose of this essay is to identify, investigate and evaluate the answers to the preceding questions and to come to a justified conclusion on the
effectiveness on this law, or lack thereof.
The most commonly committed civil wrongs or criminal offences that occur in regards to sports are negligence, battery and assault however, in contact
sports forceful physical contact–within the limits of the set guidelines– between players is sanctioned by the rules of play in the respective sports and is
implicitly consented to through the action of entering the arena, court, field, track etc. The issue is in what circumstances is the conduct of the player
which caused the injury considered to have gone too far outside of the confine of the rules to have legal action taken against them?
To gauge the effectiveness of implementing any form of action, the rules that regulate the manner of contact which are relevant to consent must be
examined

Negligence: Tort and Reasonable Person
LAW
Torts 1 – Negligence: elements of liability
Objectives
The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to:
discuss the nature of tort law;
explain the various interests protected by tort law;
describe the three essentials of the tort of negligence;
apply the test of reasonable foreseeability in relation to the duty of care;
explain the circumstances in which a duty of care arises when giving advice;
explain the factors used to determine the breach of the standard of care;
describe the 'but for' test of causation; and
apply these principles of liability to factual situations.
A.Law of ... Show more content on Helpwriting.net ...
The issue is whether the defendant owed a duty of care to a person in the position of the plaintiff – i.e., that they belong to the class of person who the
defendant should have been aware of when doing the culpable act.

A problem that the courts have had to grapple with is how far liability should extend. There may be many persons to whom harm could be foreseen
because of an act or omission by the defendant, however whether the defendant should be liable to all of them is a different question. For example, in
the famous case of Ultramares Corp v Touche, Niven & Co 174 NE 441 (1931), in which accountants had been negligent in auditing a company, and
that company had then shown the audited reports to another company which lent it money in the belief that the accounts were accurate, the court had
to decide whether the accountants would be liable to the lender. The court said that they would not, because to hold that they owed a duty of care to
anyone who happened to read the reports would create liability 'in an indeterminate amount for an indeterminate time to an indeterminate class'. In
other words, it would be unfair to impose liability even if, theoretically, it was foreseeable that if the accounts were shown to 3rd parties, they might
suffer loss, because the liability could be limitless.
In addressing the problem of how to determine whether harm

The Liability Requirements : The Tort Of Negligence
P1. The liability requirements in the tort of negligence In this task I will doing this by describing the basic concepts of duty, breach of duty and
damage. I also will be linking this within certain case studies. I also will be making references to foreseeability and proximity as well as describing
them. Duty of care A duty of care is mandatory in terms of legal issues and is enforced on an individual and it involves sensible care while performing
any acts and should eliminate foreseeable actions which may put others in harm. An example of this is when a teacher should ensure the safety of the
pupils. Breach of duty In law, there cannot be a responsibility in terms of the person being negligent and the claimant saying this without... Show more
content on Helpwriting.net ...
This means that it extents the amount of money or any other compensatory means in result of any damages for a wrong. I will now be describing
the caparo 3 part test (p1a) and will be referring to Bourhill Vs Young for reasonable foreseeability. I will also be describing 'breach ' in terms of the
person doing this and also by making reference to Nettleship Vs Weston (p1b). (p1c) I will be describing 'damages ' by describing the principles of
causation and remoteness of damage with reference to cases such as Barnett V Chelsea & Kensington HMC and Wagon Mound. (P1a) Caparo three
part test Before the caparo test there was something called the 'neighbour test '. This test was narrowed down in to two categories. They are; 1.
Proximity of closeness 2. Reasonable foresight of harm However, the issue with this was that it had been used in many situations where duty of care
had been made although they were in less obvious scenarios. This meant that the courts had to develop a further extension of guidelines to restrict
some limits on the usage and extent of the 'neighbour test '. The caparo three part test was then made. The Caparo three part test was derived from
Caparo Industries plc V Dickman (1990) and it started 'the incremental approach '. This approach consists of three questions; 1. was the damage or loss
foreseeable? 2. is there sufficient proximity between the wrongdoer and the

General Tortious Liability Comparing And Contrasting
NORTHERN REGIONAL COLLEGEHND BUSINESS 2012/13
Common Law I Assignment 2
Nelson Adaes
6/3/2015
Tort Law Task 3
Describe general tortious liability comparing and contrasting this to contractual liability
Definition of Tort: According to Prof. P H Winfield, Tortious Liability arises from breach of a duty primarily fixed by law; this duty is towards
persons generally and its breach is redressable by an action for unliquidated damages.
Sir John Salmond defined Tort as a civil wrong for which the remedy iscommon law action for unliquidated damages and which is not exclusively the
breach of contract or the breach of trust or other merely equitable obligation.
Fraser: A tort is an infringement of a legal right in rem of a private... Show more content on Helpwriting.net ...
In contrast, tort laws govern situations where one person has harmed or injured another person. Tort laws cover violations where the party
intentionally harmed the other person, such as in a battery claim. Tort laws also address incidents where the party may be held liable even if they did
not act intentionally, such as in negligence claims or strict liability claims. Tort laws usually result in the liable party paying the victim monetary
damages to compensate for their losses.
Both attract damages and some other remedies, for example injunctions. You may get more damages if sue in Tort, it will depend on the case.
Explain what is meant by negligence and how an employer could be found liable in negligence
Negligence
Negligence is a common law tort, which has been developed though case law. Despite being a modern tort it is the most common. In order to prove
liability in Negligence the claimant must show, on the balance of probabilities, that the defendant owed a duty of care, breached that duty by failing to

meet the standard of care required and as a result the claimant suffered loss or damage which is not too remote.
According to Jay M. Feinman of the Rutgers University School of Law;
"The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might
foreseeably cause to other people." [Fainman 2010]

The Legal Principles For Negligence And Liability
The purpose of this memo will be to examine and provide an overview of the legal principles for negligence and liability. Negligence is "behaviour
or actions that fall below an expected of care", and liability refers to the responsibility for the injury or harm1. For behaviour to be found negligent
four elements need to be met and proven: duty of care, standard of care, damages and proximate cause1. This memo will describe the elements of
negligence, liability, including vicarious liability and occupier's liability, and the concepts of risk management.
Duty of Care Duty of care refers to a person being responsible for the safety of others if he or she can foresee these people being affected by his or her
actions1. The presence of a relationship and the proximity principle are two elements that can give rise to a duty of care1. Relationships that give rise
to duty of care include coaches–athletes, parents–child, chauffeur–passengers. The proximity principle, also referred to as the neighbour principle,
refers to the duty a person has to refrain from conduct that can foreseeably cause injuries to those in one's direct proximity. In Bain v. Calgary Board
of Education, the defendant owed a greater duty of care to the students since the student's parents signed a waiver authorizing the defendant to act on
behalf of the parent in the reasonable care of the students, who came from a vocational school for the learning disabled. His standard of care was
therefore equal to that of a

Basic Law (Tort)
Building law and contract admin Assignment no 2 Tort Volenti non fit injuria Latin / voluntary assumption of risk. A defence in tort that means
where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation
for an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury Smith v Charles baker &
son 1891 Dulieu v White and son 1901 Herd v Weardale Steel and Coal 1914 Doctrine From the Latin word doctrina meaning "teachings." Something
taught as a the principle or creed especially in religion. A rule or principle of law... Show more content on Helpwriting.net ...
Damages occasioned by the collision of two trains of a same railway. Devine v Colville's ltd 1969 Royal bank of Scotland v Etridge 2001 Donohue
v Stevenson 1931 Question 2 i. Which parties may be liable for the injury and losses suffered Introduction To deal with the liabilities of this case I
feel it would be poignant to break the case down and investigate each individual parties involvement and therefore liability. List of parties possibly
involved West Kent collage Buildright Ltd Kentcrete Ltd Driver 1 ( using the designated entrance) Driver 2 (using the staff and student entrance)
Driver 3 (driver of the car) Student 1 (the driver of the car) Student 2 (student that was hit by the car) Student 3 (who was sick due to the accident)
Air ambulance service Hospital West Kent collage West Kent collage had appointed a competent contractor to legally carry out the construction of
the new building and would not seam to be directly involved in the accident, Although they do have a reasonability of care to there students. The
students involved were in areas that were designated for there use, and therefore not acting illegally or with negligence. The fact that student 1 was
in the driver seat in the car would imply that the car was, just stationary, and not parked illegally. Due to the collage being " to far away" or "not
directly involved" the collage in my opinion would not be liable in any way

Case Law Nebosh
Case – British Railways board Vs Herrington
Relevance
–Trespasser duty of care
–Common humanity
–Occupiers liability act 1984
Facts
–Railway line operated by BRB ran through property open to public
–Fences were in poor repair
–1965 children seen on line
–Child severely injured when he stepped on line after passing through broken fence
–Plaintiff claimed damages for negligence
Ruling
–House of lords held over trespassers, a duty to take steps as common humanity to avert danger i.e. fix the fence
If the presence of trespassers is known or foreseeable, step must be taken
Case – Paris Vs Stepney Borough Council
Relevance
–Duty to individuals
Facts
–Plaintiff employed by the defendants
–He only had use ... Show more content on Helpwriting.net ...
ee accepted the risk)

–House of Lords found that there was evidence that claimant had volunteered for the risk of injury
–Claim was successful
Case – Donoghue Vs Stevenson
Relevance
–Duty of care – concept of the Neighbour Principle
Details
–Claimant (Donoghue) fell ill when she drank a bottle of ginger beer which contained a decomposed snail
–The bottle was opaque & she had no idea that the bottle contained a decomposed snail
–The claimant's friend purchased the bottle
–Claimant sued manufacturer
–Manufacturer claimed that there was no contract between them as the claimant's friend purchased the bottle
Decision
–Damages awarded to claimant
Neighbor's principle – extent of duty of care, who is my neighbour
–You must take reasonable care to avoid acts or omissions which you can reasonably foresee that would be likely to injure your neighbor
–
Case – Latimer Vs A.E.C
Relevance
–'Properly maintained' reasonable 'safe place of work'
Details
–Severe thunderstorm flooded factory
–Floor became slippery
–Quantity of sawdust was used to clear up, but insufficient held
–Latimer slipped on floor & sought damages using factories act that floors must be 'properly maintained'
Decision
–Latimer lost case
–Court found that normally floor was fine and employer had taken reasonable steps to deal with the danger to employees
–
Case – Marshall Vs Gotham Co (gypsum mine)

Relevance
–'Practicable as against

Contracts and Negligence Assignment
Submission Front Sheet Assignment Code:AB168B5 Programme:BTEC Higher National Diploma in Business (Marketing) Unit Title and
Number:Aspects of Contract and Negligence for Business (Unit 5) QFC Level and Credit value:4; 15 credits; Unit code: ; Unit code: Y/601/0563
Module Tutor:Tabassum Ferdous Email:tutor@mrcollege.ac.uk Date Set:16th September 2014 Name:Adeyinka Adedoyin Registration No.:21834
Date:................................................... Is this a First Submission or Second Submission ? Word Count (max.5000) Turnitin Score Complete and copy
this page and add it as the front sheet to your online submission Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged
by law. (Peel, 2010). An... Show more content on Helpwriting.net ...
However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was
forwarded an 'Agreement for Sale of a Council House' form which he signed and posted it back to the Council. The council received his reply
before the political reform affecting the sales of house to council tenants transpired. The Council contended that the 'Sale of Agreement Form to
sell the Council House' was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the
form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences
between these two similar cases. In the case of Mr Gibson no 'Agreement for Sale' was prepared and Mr Gibson did not sign. Whereas for Mr
Storer's case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered
Institute of Taxation as "any words or actions signifying the offeree's consent to the terms proposed by the offeror". Acceptance must be final and
unqualified. Acceptance should be conveyed to the offeree. The wordings contained in the terms of the acceptance must be exact wordings in the
terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of
cash on deposit with a bank and say they

The Pros And Cons Of Tort Law
Within Tort Law it has been acclaimed by most, that UK courts are not in favour of negligent claims brought against the police force. 'There is no
doubt that a police officer owes a duty to protect the public' However, in many regards the police aren't found to be guilty to owe any such duty. The
Tort of negligence proclaims that one must be owed a duty of care to claim, otherwise negligence caused to the claimant due to the conduct of the
defendant, is held without regard. As stated in the Police Act 1964 "The chief officer of police for any police area shall be liable in respect of torts
committed by constables under his direction"
It was firstly suggested that the 'courts show willingness to invoke public policy principles of immunity where certain groups of defendants were sued
in negligence' , to which the case facts in Hill v Chief Constable of West Yorkshire Police [1988] will shine light on. Moreover, one may suggest that
the emergency services should be free to carry out their line of work without the conscious threat of liability. If one was to act in such a way as that
which threatened overriding liability, it is questionable as to whether an officer would act in a defensive state of mind, as stated by Lord Keith in Hill .
It may well be considered that the courts specifically deny claims against the emergency services, invoking public policy, as observed in Capital
and Countries Bank plc v Hampshire CC [1997] and John Munroe Ltd v London Fire and Civil Defence Authority & Others [1997] . The fire
brigade, like the police force are too exempt on the grounds of no duty is owed to an individual if an emergency call is not responded to.
Policy is essentially concerned with the notion of Duty of care and maybe considered the fourth element required for a negligence claim, primarily
used to disregard claims against the police.
The principles of duty of care are centred around the cases of Donoghue v Stevenson (1932) , Hill and Caparo Industries PLC v Dickman [1990] .
The case of Donoghue v Stevenson [1932] has been instrumental to the foundations of Tort Law, following the notion that since this case 'negligence
has rapidly developed into the cornerstone of our system for compensating

Hanssen's Duty Of Care
May it please the court that my name is Griffiths initial A, and I appear on behalf of the plaintiff Darcy Hanssen, in this matter. The facts of the case
are not disputed, your honour. This incident concerns the tort of negligence whereby the Hanssen family seek compensation. Lifetime grievances have
been sustained following the breach of "Duty of Care" from medical personal from the Peninsula Private Hospital, during the course of his birth. Your
Honour, the plaintiff requests the disclosed amount be paid following the trail. As costs are extensive and necessary for Darcy's medical well fare, the
asking amount is to be in the millions.
My client, your Honour, asks that those responsible for the safety of his birth be held liable for damages ... Show more content on Helpwriting.net ...
Volenti non fit injuria or in translation 'to one who volunteers, no harm is done' is a defence tonegligence claims. The defence of volenti non fit injuria
requires a freely entered and voluntary agreement by the Claimant, in full knowledge of the circumstances, to absolve the Defendant of all legal
consequences of their actions outlined in the Law Reform (Contributory Negligence) Act 194.
However, unlike defined declarations, my client Darcy Hanssen knew of no such risk. In fact, in no way could Darcy have comprehended the
possibility of injury being not yet born. As for presumed submissions of consent to engage in risky procedures, my client and his mother did not
consent to such procedure. In fact, as nature intended, Penny Hanssen had no choice but to go into labour. Infact she approached Peninsula Private, for
aid in the birthing process. A decision she never thought would cause severe

Business Law I Summary
Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship
between the state and its citizens and between one citizen and another. There are various ways in which the law may be classified; the most important
are: * Public and private law * A) Public law is concerned with the relationship between the state and its citizens. Specialised areas are: 1. Constitutional
law is concerned with the workings of the british constitution. It covers such matters as the position of the Crown, the composition and procedures of
Parliament, the functioning of central and local government, citizenship and the civil liberties of individual citizens.... Show more content on
Helpwriting.net ...
* Political parties and pressure groups Law making processes 1. Legislation is law enacted by the Queen in Parliament in the form of Acts of
Parliament r statutes. Parliament consists of two chambers(House of Commons and House of Lords). House of Lords is not an elected body. 2.
Parliamentary sovereignty: the supremacy of Parliament in the legislative sphere is known as the doctrine of parliamentary sovereignty. It means
that Parliament can make any laws as it pleases, no matter how perverse or unfair. Example: Factorname Ltd v. Secretary of State for Transport
(page 17) 3. The making of an Act of Parliament: the procedure by which a legislative proposal is translated into an Act of Parliament is long and
complicated. Before all the stages in the process have been completed, the act is known as a bill. Kind of bills: * Public Bill change general law or
affect the whole of the country. * Private Bill do not alter the law for the whole community but deal with matters of concern in a particular locality or
to a private company or even individuals * Government bills are introduced by a minister with the backing of the government and are almost certain
to become law. * Private members bill are introduced by an individual MP or private peer(in the House of Lords) without guaranteed government
backing. Example law making continued: Donague v. Stevenson (page 345) Stages bill have to go through: House of

Case Study Of Tort Law

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