Breach Of Duty Essay

Breach Of Duty Essay-50
There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial.

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Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was in breach of duty.Negligence is a type of tort or delict (also known as a civil wrong). These details have not, however, stopped the case from becoming the source of extensive debate in American tort law. 27 Barkway v South Wales Transport (1950) 1 All ER 392. 29 Henderson v Henry Jenkins & Sons [1969] 3 All ER 756; Ward v Tesco Stores [1976] 1 All ER 219. However, the concept is sometimes used in criminal law as well. 19 She could have sued the man or the conductor himself, but they did not have as much money as the company. I would say that the principle of Res Ipsa Loquitur would help Freddy in his action, in that there isn't any other reasonable explanation apparent, so when the burden shifts to Elvis, he may not be able to come up with one, and so Freddy will win his case. Introduction NEGLIGENCE1 Negligence is a legal concept in the common law legal systems usually used to achieve compensation for injuries (not accidents). 18 Interestingly, the plaintiff's physical injuries were minor and more likely caused by a stampede of travelers on the platform rather than the concussion of the exploding fireworks. 23 (1951) AC 367 24 Ballard v North British Railway (1923) SC 43. 26 Scott v London & St Katherine's Docks (1865) 3 H & C 596. Negligence is a tort which is the breach of a duty of care imposed by common or statute law, resulting in damage to the complainant.2 From this general definition, 3 essential elements combine to make the tort of negligence actionable. These include: (i) There must exist a duty to take care owed to the complainant by the defendant. Further, the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proved in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases. The introduction lays down the paper's general outline.Then the tort negligence is followed, and then the element of the duty of care respectively.


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