Reasonable person

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  • Tort Law Research Paper

    This paper gives a short introduction of tort law and mainly focus on the standard of care, how the courts determining what is the ‘reasonable person’ and whether there are some exceptions to the courts. The law of tort is the law of civil liability for wrongfully injury which provides remedies to individuals harmed by the wrongful conduct of others in order to protect an individual’s private rights. There are two major categories of torts: intentional tort and negligent tort. The general principle of negligence is concerned with compensating people who have injured or damaged and thus a defendant will be negligent if he or she falling below the standard of the ordinary reasonable man in the same situation. A person will be liable for their…

    Words: 762 - Pages: 4
  • California Vs Murray

    In Civil Law, negligence is an action done carelessly by the defendant which results in the plaintiff getting harmed. The four elements of negligence are: duty, breach of duty, causation, and damages. The reasonable person standard applies to the defendant, so that the harmful situation can be fixed. The three elements of the reasonable person standard are: likelihood of the occurrence, seriousness of the harm, and the cost to eliminate the harm. The case of California v. Murray (The People of…

    Words: 654 - Pages: 3
  • James Hardie's Case: Case Study

    statement can be described as intentional or negligent misrepresentation about the truth . “A person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive” (Section…

    Words: 1147 - Pages: 5
  • Tort Of Negligence Case Study

    law for the product. The court of law applied in this case is the tort of negligence. Negligence is a tort – a civil wrong recognised by the courts which entitles the injured person to compensation. The manufacturer, Clean Aqua supplies their appliances to the retailer, EnviroPro that is later sold to the customers. The customer appliance later bought the appliance and cause the customer to be sick. It is Under the statutory law, the customer is able to take action against both retailer and the…

    Words: 720 - Pages: 3
  • Tort Law Essay

    What is tort Tort in law means a wrong or injury which has certain characters, from the most important of which is that it is redressable in an action for damages at instance of the person wronged or injured Torts are civil wrong resulting in personal injury or harm that constitutes grounds for a law suit.Thus, tort law addresses conflicts between conflicts between private individuals or entities According to Prof.Winfeild ,Tortuous liability arises from breach of a duty primarily fixed by law;…

    Words: 1932 - Pages: 8
  • Superposh Hotels Case Study

    the bottom of the pool, injuring himself and wrecking his expensive watch. Had Clive put the Light switch on once he had ignored the sign then he would have be 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…

    Words: 2616 - Pages: 11
  • Negligence Act Case Study

    Part - A Negligence Act Introduction: Lead that falls beneath the norms of conduct built up by law for the insurance of others against irrational risk of hurt. A man has acted carelessly in the event that he or she has withdrawn from the lead expected of a sensibly reasonable person acting under comparable conditions. With a specific end goal to set up carelessness as a Cause of Action under the law of TORTS, an offended party must demonstrate that the litigant had a duty to the offended party,…

    Words: 1421 - Pages: 6
  • Case 5.2: Negligence

    Case 5.2: Negligence on page 101 Negligence is defined as “failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.” (Law.com Legal Dictionary, 2017) “Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions.” (Cheeseman, 2013, pp.91) To be a successful case of negligence, it…

    Words: 998 - Pages: 4
  • The Importance Of Negligence

    Introduction Negligence by definition can be described as an act of carelessness dictated by the law for the protection of other people against foreseeable risk of harm that may occur from the act. A person can be held responsible for negligence when they have acted carelessly outside of a reasonable man conduct. This assignment is designed with aims to explain the circumstances and elements of how a negligent may be established, the consequences of decisions using relevant cases to highlight…

    Words: 1996 - Pages: 8
  • Negligent Tort Case Study

    or where he believes that injuries are substantially certain to result from the using of the product, he may be liable for battery to any plaintiff injured by the product.” (nationalparalegal.edu 2015). Individuals as well as businesses are obligated to provide the duty of care in their everyday activities, and according to the law they must act as a reasonable party with ordinary prudence with a duty of care. In society, members are entrusted with a duty to act with reasonable care at all times…

    Words: 1339 - Pages: 6
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