It is trite law that the tort of negligence has three essential elements, which any claimant must prove in order to succeed in his action against the defendant. A doctor must exercise a standard duty of care to his patients. Essay UK - http: Just complete our simple order form and you could have your customised Business work in your email box, in as little as 3 hours.
Arida Mercy Chuluthe court had the following to say as regards the need to prove actual damage in an action for negligence; The important point to stress, however, is that in cases of this nature, the basis Tort law basics essay awarding damages is to vindicate the injury suffered by the plaintiff.
According to UK law, medical negligence occurs where an individual who is trained in the medical profession fails to fulfill his duties of care to his patients in a standard manner.
A would only be liable for those injuries he would have caused B and he could have reasonably foreseen them at breach time. For example, future families placed in similar situations can learn how to avoid and deal with the issues, as well as their feelings towards it. Evidence provided showed that those brain injuries would have been prevented if there was better medication at ringside.
In order to achieve this end, the essay will pay particular attention to the salient elements he has to establish in the area of law identified, if at all he is to succed in his claim. A thus weighed the risks, benefits and had a logical conclusion when he gave that particular medication to B.
It therefore follows, that for Changwa to successfully claim damages, he must prove the actual harm suffered with respect to both the food and the red wine. Usherwood who was one of the inspectors approved it.
How to Write a Summary of an Article? However, the determining issue is whether a duty of care existed and whether it was owed to the particular plaintiff. Another example is Bolitho vs.
It is the legal cause of damage if it directly, naturally and continuously contributes in causing that damage. The auditors won this case since there was no case that could hold them to have a duty of care to the plaintiff.
In this case, it was ruled that there was no duty of care owed. Under a common law, if the patient sustains any unstated injuries they are liable to sue and claim for damages. The plaintiff Kerry Melchior proceeded to get pregnant after receiving a tube ligation.
To this effect, resulting damage is essential in this regard. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
Essay UK - http: There is no exact connection between the death of B since his death through a heart attack could have been due to other health problems.
The defendant, British Boxing Board of Control could not provide sufficient medication. Salmon LJ somewhat disingenuously argued that the representation, although not a term of the contract, became in effect a collateral contract. It was thus declared that the doctor was negligent.
In this vain, the pub owes a duty of care to Changwa. For negligence to occur, the plaintiff will need to prove that the three factors are present; these being, the defendant owes a duty of care to the plaintiff, the defendant failed in his duty and finally, there must be damage to the plaintiff caused by the breach of the duty of care.
The above cases show that the manufacturer and not the retailer, owes a duty of care to the consumer in instances where the retailer has no power whatsoever as to the contents or quality of a product.
Donoghue consumed some of the beer but as she poured the remaining beer into her glass, decomposed remains of a snail were seen in the glass. Duty of care alleged was not avoiding to cause personal injury but to have reasonable care that ensures that injuries caused are properly treated.
The advice will be with the aid of decided cases where necessary. Elements of Tort of Negligence Elements of Tort of Negligence Negligence simply refers to failure to use reasonable care.
English Law, 2nd ed.In view of the collated explanations given in this essay, Changwa is advised accordingly. Bibliography Clerk and Lindsell. Law of Tort, 16th ed Cooke, J. Law of Tort, 6th ed.
Liverpool: Moores University. Rogers, W. Winfield and Jolowicz on Tort, 13th ed. London: Sweet and Maxwell. Smith and Keenan.
Introduction. The concept of duty of care in negligence has developed in a manner that ensures both the claimant and defendants are fairly treated.
To achieve this objective, the essay is organised into three parts. The introduction lays down the paper's general outline. Then the tort negligence is followed, and then the element of the duty of care. Torts of Law – Negligence Essay Sample There are five different torts that can be the subject of court actions, the most common being Negligence.
Good morning students of [example], my name is [name] and I am here to give you a brief talk on an area of civil law. Although the laws of tort and contract both deal with obligations, it is possible to distinguish between them on the basis that in the case of a contract the parties are voluntarily assuming obligations whereas tortious liability is compulsorily imposed by law.
May 31, · THE LAW OF TORTS INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict.
It is derived from the Latin word tortum, which means twisted or crooked. Torts are not dependent on any sort of agreement between the two parties involved and this is how tort law is distinguishable from breach of contract or any other type of law.
Moreover, it is the citizen who brings the tort case even though criminal prosecutions are applied by the state.Download