Tort Law Essay

2279 WordsMar 11, 201310 Pages
There are 6 potential claimants and for each we need to assess whether there’s any attainable liability for civil damages. Negligence is a breach of legal duty to take care which results in damages to the claimant . To prove that a person has acted negligent, first a “duty of care” must be proven. Duty of care is an obligation, which is recognised by law, for an individual to behave in a particular manner, so that others in society are not injured because of ones actions. Duty of care arises from the case of Donoghue v Stevenson where a decomposed snail was found in the ginger beer and as a result, Miss Donoghue suffered shock and vomiting . Justice Lord Macmillan in this case recognised a new relationship that gave rise to duty of care; “Manufacturers have a duty not to cause physical damage to any consumer”. This was seen as a “Narrow rule” because if followed, there’d be a chance of “floodgates” for claims against manufacturers. As a result, Lord Atkinson established “the Neighbour Principle”; “Reasonable care must be taken to avoid acts or omissions which can be reasonably foreseen and likely to injure your neighbour.... Neighbour is someone closely and directly affected by your actions” . The formal requirements for establishing whether a duty of care exists are; 1. Forseeability of harm suffered, 2. Sufficient proximity in relationship between claimant and defendant and 3. Fair, just and reasonable to impose a duty. By applying the neighbour principle, Barry can make a claim of civil damages against Annie for the physical injury he suffered. From the facts we can see that it was reasonably foreseeable that harm would be suffered due to her negligent driving and imposing a duty upon her can be seen as just. This is because she has created situation which could potentially cause reasonable harm to another, either physically or mentally. Barry can also make a

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