The Tort of Negligence Essay

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BUS203 – Task two The tort of negligence concerns the legal implications of unintentional or careless conduct and provides an action plan to provide compensation to the plaintiff for damages caused by the defendant’s carelessness. It creates liability for harm that was foreseeable and preventable. Scott, the plaintiff, would have an action in negligence to claim compensation for the damages of personal injury he suffered due to Matt, the defendant’s, careless conduct. In order to succeed in negligence Scott must establish three legal elements of the action to prove his claim against the defendant. These three legal elements; that a duty of care was owed to Scott by Matt, that Matt was careless in failing to provide that duty of care and that Matt’s carelessness caused Scott’s damages, must be established and proved by Scott on the balance of probabilities. Duty of care The neighbour principle as held in Donoghue v Stevenson [1932], determines that a person must provide reasonable care to avoid acts or omission that can be reasonably foreseen to cause harm to a person’s neighbour. A neighbour is defined as a person who is closely or directly affected by the defendant’s act that the defendant ought to have taken steps to prevent. The reasonably foreseeability test is used to assess the defendants liability. The test evaluates what a reasonable person would have foreseen in similar circumstances and identifies if the risk was real, the defendant was in a controlling position and the nature of the damage that occurred. As held in Blyth v Birminham Waterworks Co (1856) a reasonable person can only be held accountable for foreseeable events, as negligence is an objective standard. As Matt was driving the boat, special skills applies and the conduct would be measured to the standard of a reasonable boat driver. Therefore the tribunal will assess whether a

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