Negligence In The Law Of Tort Case Analysis

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When discussing Negligence, it is imperative that we first explorer the law of Tort. This is a wrongful act whether it was intentional or accidental, leading to one being injured (cited from Law.com). To demonstrate that the defendant has committed an act or omission it may be necessary to prove that both a standard duty of care and damage has resulted in negligent behaviour. A person in a professional occupation such as a chartered surveyor has a higher duty of care because their field of work requires a particular skill. Therefore they have a greater responsibility to ensure that their actions do not cause damage. This essay will examine negligence in the context of the Law of Tort, when might it arise and when it may concern a surveyor.

A Tort “occurs where there is breach of duty fixed by law” (Elliot and Quinn 2011). This allows individuals to claim any loss they have incurred based on someones actions. Tort cases “involve one individual suing another individual whom the claimant alleges has done him wrong in some way” (Barnard, O’Sullivan and Graham Virgo 2011). A legal remedy is provided to the plaintiff
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The Donohuge v Stevenson (1932) case in relation to negligence holds importance because it established a general criteria for when the legal duty of care would pertain. Once a defendant is found guilty of breaching the duty of care (which is owed to the claimant), whether it is based on suffering economic loss or injury. The claimant is owed damages in the form of compensation to prevent this occurring again in the latter. Surveyors are expected to provide a higher duty of care as their craft requires a particular skill. Therefore they must ensure they carry out certain protocols to ensure that they are not acting out negligently, even if they have done their best to prevent such

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