Reasonable person

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  • Tort Essay

    Defination The law of tort is defined as a body of rights, obligations and remedies that is applied by courts in civil proceedings to provide relief for individuals or victims (claimant or plaintiff) who have suffered harm from the wrongful acts of others (defendant). Parties which can acquire an action the law of tort Any individual can sue utilizing the law of tort. There is the potential for kids, kids who are conceived with handicaps because of mischief perpetrated preceding conception and…

    Words: 770 - Pages: 4
  • Case Study Of Torrt Of Negligence

    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 fixed, further showing that Lynette should indeed be found liable in this…

    Words: 981 - Pages: 4
  • Woody And Smiley Negligence Case Study

    Vicaria had a duty of reasonable care to Woody and Smiley because of the special relationship between a pilot and a passenger. Vicaria’s agreement to fly Woody and Smiley proves the existence of a special relationship needed to establish a duty of reasonable care. We would establish a breach of duty by proving Vicaria had done something a reasonable person would never do. The fact that she agreed to fly while being under the influence proves she had done something no reasonable pilot would do.…

    Words: 1488 - Pages: 6
  • Metropolitan Fire Systems Pty Ltd V Miller Company Law

    are effective in legal practice is a debate. In my opinion, the duty to act with reasonable care and diligence and the duty to prevent insolvent trading have not helped to prevent companies going into insolvency. The reasons are outline below. Explanation Directors have duties to ensure best interests of the company as whole including creditors. Under Corporations Acts, directors are required to act with reasonable care and diligence and prevent insolvent trading. Certain statutory duties of…

    Words: 852 - Pages: 4
  • Cause Of Action Against Mac Tools Ltd In Negligence

    by the losses if the defendant was careless and a reasonable presumption was also influenced by the concept it should have. To determine whether a reasonable diligence is or not to break, the court balances the seriousness of the loss against the possibility and the costs or the effort to prevent losses in less effort. In (Bolton v. Stone [1951] AC 850 ) had said that probability is because the accident was very small, so that a reasonable person could not be fair to consider. In (Paris v.…

    Words: 812 - Pages: 4
  • Medical Negligence: Causes And Consequences Of Medical Negligence

    ABSTRACT Medical negligence is a combination of two words. The second word solely describes the meaning, though the meaning of negligence has not been described in a proper way but it is an act recklessly done by a person resulting in foreseeable damages to the other. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in…

    Words: 1146 - Pages: 5
  • Donoghue Law Case Study Of Caparo Case

    basic premise of Capro is that in order for there to be liability in negligence three elements must be satisfied and those elements are foreseeability of damage, the relationship of proximity between the parties and finally it must be fair just and reasonable to apply such a duty before discussing the particulars of the tripartite test set out by Lord Bridge it is first useful to gain an understanding of the origins of the duty of care and its…

    Words: 1180 - Pages: 5
  • The Wrongfulness-Analybility In The Law Of Delict

    In the law of delict there are five elements that should be considered before someone is held liable for an act that caused damage. These elements include the nature of the act, the wrongfulness/unlawfulness of the act, the damage caused by the act, that causal link and lastly the fault. If the evidence obtained from the act and matched against the element is adequate and proves that the act caused the damage then it can be concluded that the act did indeed cause the act and someone or an…

    Words: 1483 - Pages: 6
  • 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…

    Words: 1455 - Pages: 6
  • Emotional Distress In Tort Case Study

    Topic - Evaluation of Emotional Distress in Tort Case: Legal Framework The two parties seen in tort cases are the plaintiff and the defendant (Fotte & Lareau, 2013). The plaintiff is the person who has filed an alleged tort whereas the defendant is the person who has caused harm to the plaintiff (Fotte & Lareau, 2013). In civil lawsuits there are three types of relief they are monetary compensation, specific performance, and an injunction (Fotte & Lareau, 2013). An injunction refers to…

    Words: 469 - Pages: 2
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