Law Tort An Negligence

Tort an negligence Essentially, the tort of negligence has three main(prenominal) elements each(prenominal) of which must be established: * a indebtedness of multitude owed by the defendant to the plaintiff, * a breach of that occupation by the defendant, and * injury or damage to the plaintiff resulting from that breach In slightly consequences, a duty of fearfulness is imposed by statute. Occupiers financial obligation Act 1957 s.2 (1) An occupier of premises owes the same duty, the common duty of care, to all his visitors ... (2) The common duty of care is a duty to take such care as in all the circumstances of the case is sensitive to see that the visitor will be passably safe in victimization the premises for the purposes for which he is invited or permitted by the occupier to be there. Ward v Tesco [1976] 1 each(prenominal) ER 219, CA A customer P slipped on most spilled yogurt in a supermarket and was injured. The evidence was that spillages happened to the highest degree ten propagation a day, and although the supermarket had non themselves caused the hazard they had not in this case taken reasonable care to come across that the customer was reasonably safe. Philips v Whiteley [1938] 1 All ER 566, Goddard J A woman developed an infection afterwards having her ears pierced by a jewelry maker.

It was accepted that the jeweler had a duty to manipulation reasonable care and accomplishment (inter alia, in avoiding the risk of infection), exactly the judge found as a fact that he had done so, given that he was only a jeweller and not a surgeon. The customary duty to avo! id cause injury to opposites arises from a well-known Scottish case in the early twentieth century. appall OF THE DUTY OF CARE The standard demanded is consequently not paragon but reasonableness. Brown v Rolls Royce [1960] 1 All ER 577, HL A worker P regularly got crude oil on his hands at work, and assure dermatitis. He allege that his employers had been negligent in not providing roadblock cream (as some other employers did), though they had sought aesculapian advice and did take other measures such...If you want to get a proficient essay, order it on our website: OrderCustomPaper.com

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