Tort Negligence Essay

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Topic Review Question On Tort In assessing whether the Goodhope University is liable in negligence if they are sued by the student for causing ill with the same bacterial infection? In this case, we need to look at the case and see whether the student’s ill is the direct result of negligence by the Goodhope University. The rule that needs to be applied here is the rule of negligence. Negligence is a form of tort, which evolved because some types of loss or damages occur between parties that have no contract between them, and therefore there is nothing for one party to sue the other over. In the case of Donoghue v Stevenson (1932), the House of Lords decided that a person should be able to sue another who caused them loss or damage even if there is no contractual relationship. “Donoghue was given a bottle of ginger beer by a friend, who had purchased it for her. After drinking half the contents, she noticed that the bottle contained a decomposing snail and suffered nervous shock as a result. Under tort law, Donoghue was unable to sue the café owner because her friend was party to the contract, not her. However, the House of Lords decided to create a new principle of law that stated everyone has a duty of care to their neighbour, and this abled Donoghue to successfully sue the manufacturer for the damages.” In order to prove negligence and claim damages, the plaintiff has to prove a number of elements to the court. These are: * the defendant owed them a duty of care, * the defendant breached that duty of care, and * they suffered loss or damage as a direct consequence of the breach. As we saw earlier, the first element of the duty of care was created in the Donoghue case. The House of Lords stated that every person owes duty of care to their neighbour. The Lords went on to explain that ‘neighbour’ actually means ‘person so closely and directly

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