A Trot of Negligence

1203 WordsFeb 3, 20185 Pages
A tort of negligence is a breach of duty or failure of one party to commit to the standard of care required by law, resulting in damage to the party whom the duty was owed. Annie would have an action in negligence claiming compensatory damages for personal injury suffered as a result of Brett’s negligence. Annie’s personal harm, involving a fractured back was directly related to Brett’s careless behavior of not cleaning up the alleged mess. The plaintiff Annie, has the burden of proof, and would need to prove that the defendant, Brett owed her a duty of care, and was carless in failing to do as a reasonable person would have done, resulting in the damages suffered by the plaintiff. The elements must be proven on the balance of probabilities. Duty of Care According to the case Donoghue v. Stevenson [1932] AC 562 the duty of care states that the reasonable foreseeability test is sufficient to establish a duty of care where the damage is physical and careless manner is an act or an omission. There is a high risk of serious physical damage from the slippery mess not being cleaned up. Brett was the manager at the Tavern and owed every party goer, including Annie a duty of care. The physical damage that the plaintiff suffered was a fractured back. This test must be executed to determine whether a duty of care exists and looks to the foreseeability of a reasonable person in the position of the defendant. According to Blyth v. Birmingham Waterworks Co (1856) 11 Exch 781 a

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