B Law Essay
Negligence refers to careless behavior which means somebody is not taking enough care in a situation where care is expected. People must be careful if actions affect others. If Alphonso wanted to sue the doctors for negligence, he should prove the four elements of negligence.
For the Elements of negligence, it includes the duty of care, standard of care, causation and remoteness of damage.To duty of care, the defendant owed the plaintiff a duty of care about the reality of the lap band surgery. And the defendant had a responsibility to take care not to cause any loss to plaintiff. As in the Lord Atkin in Donoghue v Stevenson, one person should avoid acts or omissions that would be likely to injure his/her neighbor. …show more content…
For the remoteness of damage, Alphonso should prove that the damage is not too remote. Otherwise, even if direct causation has been done, he cannot sue for damages, as in the case Yates v Jones.
For the defense of negligence, there is a contributory negligence and voluntary assumption of risk. If the doctors are able to prove that the lack of care is partly done by Alphonso, the court will reduce the penalty. As in the case Cook v Cook, the plaintiff’s penalty was reduced.