Negligence Irac Case Summary

Great Essays
Show More
Issue: The case in question has issues that requires a decision to be made. Firstly, it has to be established if the council is liable for the injuries that was caused to Replace in accordance to the law of negligence when he was celebrating the successful launch of a business venture with both Mark and Mary that were both present with him at the time the incident took place where he fell from the cliff which is located in the Watch out point. In order to establish whether Willow council is responsible an investigation has to be undertaken to find out if the council has taken adequate measures which averts people from falling down from that cliff in the watch out point. This issue is to be discussed within the duty of care framework and to …show more content…
(1856) is the case in which the idea of duty of care was explained by the court. It was explained that in order to decide if the defendant can be held liable for negligence it must be first decided using the conduct of a reasonable person as the standard to test for negligence. In such manner, if the defendant has taken all reasonable safety measures it is believed the defendant has followed the conduct of a reasonable person in accordance to the standard and therefore, the defendant can not be held liable. Caparo Industries v Dickman (1990) is another important case that tests by the court for the duty of care. In accordance to this test for the court to confirm the defendant owes the duty of care, consideration has to made as to whether the loss that occurred or injury that has been caused to the claimant was due to the result of the conduct of the defendant and that the loss or injury could have been reasonably foreseen. The next criteria to determine is if there should be a relationship of a sufficient proximate nature meaning that the situation of the case regards them as neighbors. The other condition that the case has to meet is the question as to whether the enforcement of a liability upon the defendant of the case would be genuine and equitable (Keenan,

Related Documents

  • Improved Essays

    Argument Against Cardoza
    • 1209 Words
    • 5 Pages

    Argument Against Cardoza

    I will then explain both Cardoza’s and Andrew’s views with reference to negligence and duty of care, which are most relevant in this case. I will explain why Cardoza’s decision may be considered incorrect or questionable. In the case of Palsgraf vs Long Island R.R. Co, the plaintiff, Palsgraf, was waiting on the platform waiting for her train. A man, carrying a package, was hurrying to catch his train.…

    • 1209 Words
    • 5 Pages
    Improved Essays
    Read More
  • Decent Essays

    Rasmussen V South Western Sydney Local Health Case Study
    • 485 Words
    • 2 Pages

    Rasmussen V South Western Sydney Local Health Case Study

    The plaintiff’s family was injured in a road accident. The plaintiff was two miles away from the scene of the accident at the time it happened, and learnt of it from what she was told by others and from what she saw when she went to the hospital where the members of her family had been taken. The defendant relied upon the fact that the plaintiff was not within the area of potential harm and therefore the injury to her was not foreseeable, as the court had laid down in Bourhill V Young. The house of lords held that the prospect of the plaintiff, or a person in a class of persons of which the plaintiff was a member, suffering shock on learning of the involvement of a member of her or his family, was reasonably foreseeable and therefore the duty of care was owed, even though she did not come upon the scene of the accident and some of the shock was caused by what she was told by…

    • 485 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Bethel Ridge Case Study
    • 1240 Words
    • 5 Pages

    Bethel Ridge Case Study

    Additionally, Plaintiff appears to contend that Bethel Ridge was negligent to leave Mr. Tolley unattended outside for a very brief moment while a nurse went inside—at Mr. Tolley’s request—to retrieve his lighter so that he may smoke. It is unrealistic, however, to contend that Bethel Ridge had a duty to continuously and specifically monitor every one of Mr. Tolley’s actions. In determining, the extent of Bethel Ridge’s duty, generally applicable hornbook law would suggest that a Court would weigh the probability of potential harm and the gravity of the potential harm against the burdens that would be required to reduce the harm. See Palsgraf v. Long Island R. Co., 162 N.E. 99, 100-01 (N.Y. 1928) (J. Cardozo). In this case, it is unlikely that a court would find that Bethel Ridge had a duty to have Mr. Tolley continuously and individually monitored such that Bethel Ridge staff could not leave him for a moment to complete an errand at his request.…

    • 1240 Words
    • 5 Pages
    Improved Essays
    Read More
  • Decent Essays

    CILA Case Summary
    • 478 Words
    • 2 Pages

    CILA Case Summary

    We intend to defend this case by arguing that Support Systems and Services did not violate any of the provisions of the CILA Act nor the Mental Health and Developmental Disabilities Code. Specifically, we will present a defense that the insured is not guilty of neglect in that it did not have notice that there was a risk that Elise Wasson may fall from a chair. Further, we will present a case that the delay reporting the occurrence and, therefore, the delay in obtaining medical treatment, did not cause an increase in Elise’s injuries and damages. Based on the information that we have at this time, we do not believe that the insured is liable for failing to take precautionary measures in an attempt to prevent Elise from falling from the kitchen chair.…

    • 478 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Rottnest Island Authority Case Study
    • 1718 Words
    • 7 Pages

    Rottnest Island Authority Case Study

    Important supportive evidence were given by the trial judge and after reading and reviewing the evidence and reasons for the decision , there had not been any doubt the risk of injury to any person who would have dive from the ledge was foreseeable with reason. This decision was considered appropriate on the basis of the decision made in the previous case of Wyong Shire Council v Shirt (1980), according to which a risk may constitute a foreseeable risk even though it is unlikely to occur. Even in the circumstances, when it was not safe to dive in the water at the Basin, a person still might dive including the children and people who have impaired sight might do so as well. In a addition to that there was a possibility that a person visiting the Basin , who had an intention to swim might dive in the water from the ledge without making the ascertainment whether it was safe to dive from that location or not .…

    • 1718 Words
    • 7 Pages
    Improved Essays
    Read More
  • Superior Essays

    Comparative Negligence Case Summary
    • 1263 Words
    • 5 Pages

    Comparative Negligence Case Summary

    Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence. Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against…

    • 1263 Words
    • 5 Pages
    Superior Essays
    Read More
  • Great Essays

    Sam Clover Case Study
    • 1712 Words
    • 7 Pages

    Sam Clover Case Study

    In situations where a person’s negligence necessitates a rescue attempt by another person, the negligent person owes a duty of care to the intervener unless the two are engaged in a special relationship that exonerates the negligent person from this obligation. Id. at 546. This relationship exists between the two parties if the negligent party has compensated the rescuer, directly or indirectly, for the negligent party’s exoneration from the duty of care to the rescuer during the rescue attempt. Id. In Neighbarger, the plaintiffs were employees at Powerine Oil Company as safety supervisors.…

    • 1712 Words
    • 7 Pages
    Great Essays
    Read More
  • Improved Essays

    Negligence Case Study
    • 745 Words
    • 3 Pages

    Negligence Case Study

    Hence the plaintiff shall claim damages under the Civil Liability Act 2002 (NSW) s 3b , which is in respect of an intentional act that is done with intention to cause injury or death. In order to successfully sue the defendants for the loss of earnings, Benji must establish the following three basics elements of negligence as defined by Gibson and Fraser (9th Edition) : 1. Does the defendant owe a duty of care to the plaintiff? Duty of care could be established from the neighbor’s test from Donoghue v Stevenson [1932] AC 562, where it states that your neighbor is any person who is so closely and directly affected by what you do (the idea of proximity). Furthermore, it can be concluded from Fraser v Johnston (1990)…

    • 745 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Example Of Negligence Claims
    • 828 Words
    • 4 Pages

    Example Of Negligence Claims

    Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________…

    • 828 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Theories Of The Case Of Carlill Vs. Carbolic Smoke Ball Co.
    • 2739 Words
    • 11 Pages

    Theories Of The Case Of Carlill Vs. Carbolic Smoke Ball Co.

    It was held that the manufacturer owed the claimant duty of care and ever since, it was advised that all cases of the same matters should be assessed using this case. If a claimant wants the court to believe that indeed the defendant was negligent, he needs to prove that the defendant owed him duty of care that is the question of whether the defendant had knowledge. If that is proved, then the claimant should prove that the defendant was in breach of that duty and that the breach of duty caused damage. Let us take for instance the case of Caparo v Dickman (1990). Caparo Industries purchased shares in Fidelity Plc in reliance of the accounts which misstated that the company had made a pre-tax profit of £1.…

    • 2739 Words
    • 11 Pages
    Improved Essays
    Read More
  • Decent Essays

    What Is Duty Of Care
    • 154 Words
    • 1 Pages

    What Is Duty Of Care

    Duty of care is a moral or legal obligation to ensure the safety or well-being of yourself and others. It is based on the principle of reasonableness, and is founded in the law of negligence. The principle of duty of care is that there is an obligation by the worker to avoid acts or omissions, which could be reasonably foreseen to injure or cause harm to themselves or other people. It means that one must anticipate risks to the client and take care to prevent harm from occurring to them. Harm encompasses both physical and emotional harm.…

    • 154 Words
    • 1 Pages
    Decent Essays
    Read More
  • Great Essays

    Duty Of Care In The Case Of G Shepherd V.
    • 1455 Words
    • 6 Pages

    Duty Of Care In The Case Of G Shepherd V.

    It would be reasonable for Roland and Belle to accept G Shepherd & Co’s and David’s advice .In Shaddock v Paramatta City Council ,the High court held that the duty of care extends to the supply of information as well as advice. Therefore, G Shepherd & Co and David do owe a duty of care in relation to the statements made to Roland and Belle. Breach of that duty of care: An objective test is applied in assessing whether G Shepherd & Co and David has met the standard of care expected of a reasonable person.…

    • 1455 Words
    • 6 Pages
    Great Essays
    Read More
  • Improved Essays

    Essay On Tort Law
    • 706 Words
    • 3 Pages

    Essay On Tort Law

    The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two typed components of legal causation which are the actual cause and proximate cause. Actual cause exists when but for the breach of the duty of care, the injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’s injuries were reasonably related to the breach of the duty of care. The fourth element is injury.…

    • 706 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Hlg Case
    • 1334 Words
    • 6 Pages

    Hlg Case

    The advertisement is an invitation to treat the public to offer an indication and benefits, and consumers can be impacted by advertisements when they make purchasing decisions. The definition of an offer is he or she offer an expression of willingness to make a contract to another one under bound some made rules, which there is no including the negotiation. Thus, it has existed a circumstance that advertisements can be an offer. The first advertisement is an offer.…

    • 1334 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    General Rule Of Omissions
    • 1187 Words
    • 5 Pages

    General Rule Of Omissions

    "Thou shalt not kill but needs not strive, officiously, to keep another alive." An offence cannot be committed without carrying out an action. An offence is not sitting in a room opinionating the most evil of contemplations and conjuring up the most atrocious plans. Well, if monstrous plans were constituted to be criminal offences the prisons would pack with offenders.…

    • 1187 Words
    • 5 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  Cookie Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings