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Tort Law Essay

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Below is an essay on "Tort Law" from Anti Essays, your source for research papers, essays, and term paper examples.

NEGLIGENCE


❖ The def owes the pl a duty of care
❖ The def breached that duty of care by not complying with the required standard of care
❖ The def’s negligent behaviour caused the damage to the pl
❖ The damage caused is not too remote


DUTY OF CARE



Duty in Law

❖ Donoghue v Stevenson
    ➢ Duty of care exists if:
      ▪ It is reasonably foreseeable that the pl’s act will harm someone like the def
      ▪ The def is so closely & directly affected by the pl’s act that the pl ought to have them in mind
    ➢ Duty of care can arise in any circumstances where the def’s activity posed a risk of injury to others, whether or not the law had imposed a duty in that kind of case before
    ➢ Duty of care exists in this case because:
      ▪ The bottle was released in the way that the manufacturer intended, with no opportunity to inspect the bottle’s contents by anyone ( def knew that the absence of his reasonable care will result in injury to the consumer ( sufficiently close & direct relationship
❖ Jaensch v Coffey
    ➢ Deane J: In personal injury cases, reasonable foreseeability of harm is sufficient to establish a duty of care
    ➢ There may be special proximity considerations in cases where the pl is complaining of:
      ▪ Psychological harm
      ▪ The def’s failure to take positive steps to prevent injury to the pl


Duty on the Facts

❖ Chapman v Hearse
    ➢ A def only needs to reasonably foresee injury to a class of persons that includes the pl
    ➢ Ie. Duty of care arises when injury to a class of persons that includes the pl is reasonable foreseeable if the def was negligent
    ➢ It is unnecessary to show reasonable foreseeability of the precise sequence of events that led to the injury
    ➢ Dixon CJ: Any event that happens is foreseeable by a person of sufficient imagination and intelligence
    ➢ A person whose negligence imperils other people or themselves ought reasonably to foresee that other people will...

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"Tort Law". Anti Essays. 15 Dec. 2018

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Tort Law. Anti Essays. Retrieved December 15, 2018, from the World Wide Web: http://parimatchstavki7.com/free-essays/Tort-Law-508002.html