Duty

from Dam Goods. According to Owen, in order to successfully prove liability in negligence, plaintiff must establish or adduce evidence tending to prove the presence of a duty of care, a breach or violation of that and a consequent loss, damage, death, harm or injury to the plaintiff (1673). In establishing the existence of a duty of care, the decision…

basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. A professional is deemed to be an expert in that field at least; a patient getting treated under any doctor surely expects to get healed and at least expects the doctor to be careful while performing his duties. Medical negligence has caused many deaths as well as adverse results to the patient’s health. This article…

Every society struggles to find a balance between duty and law; it is a part of human nature to feel responsibility towards their kin, but also to develop a set of standards for their comunities to follow. In many cases, the law and duty to family conflict with one another, as they are both central to the values of human beings, creating a constant conflict in every society. Sophocles demonstrates this conflict in The Antigone, where duty and law conflict and cause a tragic end for the royal…

loss to the pursuer. Until the case of Hedley Byrne v Heller, the courts did not usually impose liability regarding negligent misstatements on the grounds of policy. Before the case of Hedley Byrne v Heller, the idea that one party owed another a duty of care regarding misstatements was rejected. The only way to claim for loss was through contract law. This case overruled this previous outlook to negligent misstatements. The facts of the case are as such: the plaintiff asked his bank, National…

to get the car into a garage before. The brake failure is what caused the car to mount the pavement and therefore leading to the death of Karen. In this case when we ask the same questions as above we find that Lynette did breach her duty of care to Karen by knowingly driving a car with faulty brakes on a public highway. When we apply an objective test “the reasonable man standard” to this case, it could be said that the reasonable man would not have driven the car until it was…

four elements to a tort, each of which needs to be present for a remedy to be provided. They are as follows: Duty of Care-For a tort to occur the defendant for an action must owe a legal duty to the victim of the tort. Breach of Duty-For a tort to occur the defendant for an action must have breached the duty that was legally imposed on him. Causation-The breach of the legally imposed duty must have caused damage or injury, whether directly or indirectly to the victim Damage or Injury -There must…

Lord Dyson quotation is taken from the case of AM Mohamud v WM Morison Supermarkets and the issue is that of the validity of ‘close connection test’ in vicarious liability. The test for holding an employer vicariously liable for the unlawful acts of an employee has been irreconcilable. The following essay will critically analyse whether AM Mohamud v WM Morrison Supermarkets plc has resolved the difficulties. The essay begins by analysing the doctrine of vicarious liability. Then, will move on…

aware there was no water in the pool. Then no duty of care is owed as the Hotel took reasonable steps to prevent Clive as a trespasser entering in the pool as in Donoghue v Folkestone Properties [2003] EWCA Civ 231The claimant was injured when he was trespassing on a slipway in a harbour and dived into the sea. The injury happened in the middle of winter and it was around midnight when the injury was caused. The court held that the occupier did not owe a duty of care. A reasonable occupier would…

Res ipsa loquitur is derived from the Latin language and when translated means “the thing speaks for itself” It is a doctrine that specifies that a breach of a party's duty of care may be concluded from the events that occurred (Learnscape). In other words, the breach is so obvious that there is an assumption of the breach of duty and the plaintiff does not need to provide extensive evidence, of the breach. And, the negligence speaks for itself (Duhaime). Jeff Passamore, legal counsel…

the Board must knew or ought to have known that the ledge formed a natural platform which could be assumed or is assumed to be safe for diving by the members of the public ,and he suffered injuries resulting from the breach of duty , and thus the Board neglected its duty…