endeavours to establish to whom a common law duty of care is owed. The law has expanded considerably by the onset of the concept of foreseeable plaintiffs which is almost 80 years in existence in the UK. It is evasive in determining “whether proximity should now be regarded as a discrete analytical concept around which arguments may be constructed‚ or merely as a slippery expression reflective of the fairness‚ justice and reasonableness of imposing a duty of care upon the defendant in the light of
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court and are usually broken down into the following categories: intentional torts‚ negligence and strict liability. Torts can be intentional and unintentional. The most common unintentional tort is negligence (Best/Barnes‚ 2010). People have a duty to conform to a specific standard of conduct for the protection of others from unreasonable risk or harm. Someone who is injured as a result of another’s failure to conform to those standards have a case for negligence. Negligence is the unintentional
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Torts Defenses to Negligence‚ Pg. 106‚ 4.7 In the case of Peterson v. Donahue‚ Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old‚ advanced skier‚ Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down
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Baroness Hale of Richmand‚ Lord Brown of Eaton under Heywood and Lord Scott of Foscote. All five judges’ judgements were different from each other‚ with no disagreements. The House of Lords in this case ruled that the duty of care owed by landlords to their tenants does not include a duty to warn or otherwise protect against wrongful acts by other tenants. There have been previous attempts to impose liability on landlords for wrongful acts of tenants‚ but these have been dismissed without inquiry. This
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attendant in a children’s playground and his job requires that he act as wicket keeper for the children when they play cricket. Jack’s one good leg is seriously injured when a fast ball crashes into him. He sues the employing Council alleging breach of duty in failing to provide protective guards. Discuss the general nature of care and discuss whether Jack Smith’s common law action would be affected by the fact that he previously had only one good leg. Further state whether he can recover damages
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tort because Arnold and Sylvia did not willfully take actions that were likely to cause injury. Duty‚ Branch of Duty‚ Causation‚ and Damages are all required in order for a plaintiff to prove negligence of a defendant. The reasonable person standard‚ which the courts use to determine whether or not an individual owes a duty of care to another‚ states that the courts generally hold that landowners have a duty of care to protect individuals on their property. However‚ in Hudson v. Janesville Conservation
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True Story of Erin Brockovich Anderson v. PG&E [pic] Michael Kelly Business Law Professor Chowdry Erin Brockovich is the story of a woman who helped 650 people in Hinkley California get justice for the actions of Pacific Gas and Electric (PG&E.) The case was titled Anderson v. PG&E and was actually settled outside of court. It was settled in the Superior Court for the County of San Bernardino‚ Barstow Division. The parties agreed on a settlement of
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1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify if there was a duty of care owed
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Neighbour Principle: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so 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 the acts or omissions that are called in question Donoghue v Stevenson Neighbour Principle: You must take reasonable
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summoned aid for an imperiled stranger. Under the American Bystander Rule a person would have to have the legal duty to act or aid‚ and be required to do so‚ if they are employed in some helping occupation‚ or if they have some other legal obligation which requires them to act a special‚ or familial‚ relationship with a person in distress. In the United States‚ individuals do not have a duty to intervene when someone else is in danger. This is known as the American bystander rule and is different from
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