Tort of Negligence
Question 1
What legal issues does this situation raise and what are the possible legal consequences?
Issue 1--duty of care
The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether the plaintiff suffered virtual damage as a result of the breach.
the bank operators have a duty of care towards the customers if they should have known about the danger around the workplace. in other words, the operators have to consider the likelihood of occurrence before suffered injury. The duty of the bank in this situation was that take such care for safety as was reasonable in the circumstances, and to protect that customers from risk of injury which could be foreseen and avoided.
The result of some negligence cases was depend on whether defendant owed the plaintiff a duty of care or not. In this scenario, the plaintiff was a elderly man who slip and fall on the floor holding his knee and obviously in pain. did Sam(trainee employee), the manager or the corporation owe a duty of care to the customer(the elderly man)? And did they breach their duty of care? Was the brank corporation and the Adelaide branch manager liable for the negligence of its employees(sam)？
In this case, the elderly man in order to achieve a successful outcome in this situation have to prove the bank owed a duty to its customer and breach that duty, then also need to prove that the bank breach of the duty caused the elderly man injury and that the injury caused he damages. In other words, but for the defendant 's actions, the elderly man 's injury would not have occurred. The injury must have been reasonably foreseeable by the defendant,
What legal issues does this situation raise and what are the possible legal consequences?
Issue 1--duty of care
The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether the plaintiff suffered virtual damage as a result of the breach.
the bank operators have a duty of care towards the customers if they should have known about the danger around the workplace. in other words, the operators have to consider the likelihood of occurrence before suffered injury. The duty of the bank in this situation was that take such care for safety as was reasonable in the circumstances, and to protect that customers from risk of injury which could be foreseen and avoided.
The result of some negligence cases was depend on whether defendant owed the plaintiff a duty of care or not. In this scenario, the plaintiff was a elderly man who slip and fall on the floor holding his knee and obviously in pain. did Sam(trainee employee), the manager or the corporation owe a duty of care to the customer(the elderly man)? And did they breach their duty of care? Was the brank corporation and the Adelaide branch manager liable for the negligence of its employees(sam)？
In this case, the elderly man in order to achieve a successful outcome in this situation have to prove the bank owed a duty to its customer and breach that duty, then also need to prove that the bank breach of the duty caused the elderly man injury and that the injury caused he damages. In other words, but for the defendant 's actions, the elderly man 's injury would not have occurred. The injury must have been reasonably foreseeable by the defendant,
References: Andy G, Douglas F, (2013), ‘Foundations of business law ‘ 7th Edition, ISBN: 978 1 4860 0621 2 Strong v Woolworths Limited [2012] HCA, http://www.leeandlyons.com.au/images/files/ll/Stong%20v%20Woolworths%20[2012]%20HCA%205.pdf