View Full Essay Words: The discussions will particularly focus on areas that affect business decisions and any underlying law principles that have any effect on the same. There is also a section that looks at some of the sources of distrust of law. Negligence primarily means an action that creates an unreasonable risk, or in other words the failure of an individual to act normatively, as a rational person would.
This is concerned with setting standards of acceptable conduct that will be determined with reference to range of factors including the likely consequences on the plaintiff if the risk eventuates and the burden that would be imposed on the defendant to remove the risk Sullivan v moody CLR The following steps are the once the court broad approach seems to involve in determining duty of care 3.
Determine whether the case is closely analogous to other cases in which duty of care has a ready been established.
If not look to the salient features of the case to determine whether they reveal a sufficiently close neighbor relationship to warrant finding a duty of care 3. Was the manufacture liable to her negligence? The manufacture was reliable. The court held the manufacturers have general duty to entire consuming public to ensure their products do not contain potentially dangerous effects that can be discovered on a reasonable inspection lord Atkins said that you must take reasonable care to avoid acts or omission which you can reasonably foresee would be likely to injure your neighbor.
Who the in law is your neighbor? The answer seems to be persons who are closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to act or omission 3.
We have three ways to determine this i By physical proximity between the person or property of the plaintiff and the person or property of the defendant ii By circumstantial proximity that which exists in particular circumstances iii By causal proximity in the sense of closeness of directness of the relationship between the defendant particular act or omission and injury that the plaintiff sustained 4.
Negligence words cannot cause loss by themselves. They cause loss only because persons act on them in reliance.
Once the fact of the case supports the test it can be concluded that the advisor owed the plaintiff a duty of care 4.
Did the defendant cause the plaintiff injury or lose? And to answer this we have some case test that we use 5. Consider an employee injured at work due negligence of his employer.
The defendant is not necessary liable for all the damages cause as the law must draw the line somewhere. In the case of wagon mound the defendant is not liable only for the kind of damage that were reasonably foreseeable that is damage suffered was not too remote.
Example the defendant carelessly places a wooden plank which falls into a plaintiff ship hold and to unknown in both parties is full of vapors. The falling plank strikes and ignites the vapors with serious damages results with remoteness the defendant was not able to foresee that so the defendant is only liable for those type or kind of injury that are necessary foreseeable 5.
Award of damage for non pecuniary loss aim to compensate the plaintiff for their pain and suffering loss of amenity, expectation of life and so on as a result of the injury 7.
If no duty of care is owed the plaintiff clam must fail. The judge has the responsibility to decide whether or not duty of care exists. If there are clear facts about it then duty of care is owed to the plaintiff. Understanding contract law 6th ed Sydney:CALIFORNIA LAW REVIEW [Vol.
INTRODUCTION This Essay pursues two objectives concerning the role of custom in negligence law. The first aims . I. Negligence: Conduct falling below the standard of care that a reasonable person would demonstrate under similar circumstance.
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