Tort Of Negligence Essay

1364 WordsJan 18, 20126 Pages
The tort of negligence is a term that escapes complete definition. Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury. It includes carelessness and lack of foresight; however the significance of negligence in tort is much broader. In law, it is defined as the “omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or something which a prudent and reasonable man would not do.” (Alderson, 1856) [Blyth v Birmingham Waterworks Co.] [1856] in this essay I will discuss the essential ingredients that make up the tort of negligence. Generally speaking there is no legal duty to avoid causing harm to others. For duty of care to make a case in court there are underlying principles, there are: that there is a relationship of such proximity between the parties, that it is reasonably foreseeable that a breach of duty of care will occasion loss to the party to whom the duty is owed; and, that it is reasonable and just that the duty should be imposed. In certain circumstances the courts may say there is a legal duty of care to avoid causing hurt to others in specific circumstances, i.e. not everyone is who is ‘careless’ will be liable in negligence from a legal point of view. In the case of King -v- Phillips (1952) the defendant ran over a child’s bicycle, the child screamed. The plaintiff, the child’s Mother, heard the scream and looked out the window. She saw the crushed bicycle but not her child; she suffered shock as a result even though her child was not hurt. She sued the defendant, and lost the case as the defendant could not reasonably foresee that his carelessness would affect people in surrounding

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