THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek‚ pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible‚ or “liable‚” for those injuries. According to the case‚ Prudence’s physical integrity was harmed
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land‚ or some right over or in connection with is nuisance (Winfield and Jolowich on tort) examples are noise‚ fumes‚ dust e.t.c. There are 3 different actions in nuisance but the ones of concern are private‚ public and Rylands and Fletcher (strict liability).the objective of nuisance is to protect an individual’s interest in land. The scenario to be analysed below is to advise Banger of his potential liability in tort since the occupier/ controller of the land (country house)‚ and the creator of the
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1. Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby‚ ACE Sports‚ the nurse‚ the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.) 2. Be sure to discuss the elements of negligence as they apply to each party separately‚ and also discuss the application of EMTALA. 3. Define comparative negligence and discuss its application to
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Step 2: The issue is governed by a Rule of law. First‚ solve the IRAC Triad What are the elements that prove the rule? What are the exceptions to the rule? From what authority does it come? Common law‚ statute ‚ new rule? What’s the underlying public policy behind the rule? Are there social considerations? Which facts help prove which elements of the rule? Why are certain facts relevant? Shortcuts analyzing cases using the IRAC method Eric Mack 11/27/2005 www.EricMackOnline.com Step 3: Compare
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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
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CASE ONE: LAW OF TORT An accident was occurred by the car driven by Azhar with the disabled lorry which has been stalled by Ah Chan. Two of these persons have made their own fault as what happened on case Ramachandran a/l Mayandy v. Abdul Rahman bin Ambok. First of all‚ Azhar has derived his vehicle along a state road at slightly above the speed limit and his vehicle was equipped with a seatbelt but Azhar was not wearing it at the time of the collision. In addition‚ the impact of the collision
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4.0 INTRODUCTION Occupiers’ liability generally refers to the duty owed by land owners to those who come onto their land. However‚ the duty imposed on land owners can extend beyond simple land ownership and in some instances the landowners may transfer the duty to others‚ hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability to arise. Occupiers’ liability is perhaps a distinct form of negligence in that there must
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Concurrent liability Text [13.45] – [13.65]‚ [13.80] – [13.120] Vicarious liability is the liability of an employer for a tort committed by an employee within the course of employment Stevens v Brodribb sawmilling the existence of control between an employer and employee is not enough to prove a relationship for vicarious liability. Further criteria such as obligation to work‚ hours to work etc is also considered Elazac pty ltd v Sheriff the plaintiff was not an employee but a contractor
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liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue bought her a bottle of ginger beer‚ which contained a composed snail and caused Mrs. Donoghue to be ill. Since Mrs. Donoghue did not buy the beer‚ she could not sue under contract law but in tort. The Court held that manufacturer owed duty of care to Mrs. Donoghue and that duty was breached. The rationales behind were that Mrs. Donoghue should have had in their mind as being influenced by their careless behavior. People owe duty of care to
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